How Liability for Alcohol-Related Slips, Trips, and Falls Work
Alcohol is an extremely powerful substance as it can effect judgment, coordination, and sight. Bars and restaurants knows this, but they have all had patrons who were so drunk that they couldn’t stand up straight. They know that when people are too inebriated it effects their motor skills to the point where they cannot walk properly, they can fall down, slip into the street and get run over, or slip and hit their heads.
Unfortunately, despite this knowledge, bars and restaurants have a financial interest in selling more alcohol to someone who is already intoxicated because they are in the business of making money. In this article, dram shop attorney Michael Grossman discusses how negligent bars, who over-serve patrons, can be held liable for slip and fall accidents.
Questions answered on this page:
- Are bars or restaurants liable for alcohol-related slip and fall accidents?
- When can you sue a bar or restaurant for over-serving alcohol that led to a fall?
- How can a lawyer help me after an alcohol-related slip and fall?
Liability From Over-Serving Alcohol
Selling alcohol to someone who is already intoxicated opens bars and restaurants up to dram shop liability. The Dram Shop Act allows victims of alcohol and their families to recover financially from their losses when they or their loved ones were over-served. Plaintiffs can receive compensation for things such as:
- Medical bills that resulted from the accident
- Lost wages
- In cases of death, families can recover lost income, loss of consortium, pain and suffering, survival damages, and funeral costs for alcohol-related wrongful loss of life.
These cases are typically first-person dram shop claims, meaning that you or your loved one was the person who was over-served. To successfully recover your losses, your dram shop lawyer will need to be able to convince a court that the bar was proportionally responsible for your injuries and losses. This takes years of experience in the law and in dealing with defense lawyers, insurance companies, and the courts. Further, it takes a lawyer who can identify a bar or restaurant that feasibly can cover your losses because it doesn’t matter if you get a judgment if the liable parties can’t pay it.
When you’ve been practicing dram shop law for 25 years, you run into just about every situation. Below, we’ll talk about a few cases Grossman Law Offices has litigated in the past and their particular challenges:
- We had a client in Austin. After experiencing divorces, failed business ventures, and alienation from family, she turned to alcohol as a way to cope with her issues. After a night of drinking at a bar, she stumbled to her car with a blood-alcohol level that would have killed any healthy person. She fell head-first onto the hard pavement which resulted in brain damage that left her with the intellect of a five year-old. We filed suit against the bar and were able to prove through a neurophysiologist that she’d never be able to take care of herself again, and we secured a great deal of compensation from the bar for her care.
- We represented a Dallas family in a case where their daughter, aged 23, slipped and died after an alcohol-related accident mere steps from the bar in which she was drinking. After our investigation, we learned that the bartender had actually given her an entire bottle of alcohol to drink by herself. An inexperienced drinker, she drank the entire thing in less than half an hour. When the alcohol truly hit her system, she said she “wanted some air.” By the time she’d made it outside, she’d all but passed out. She died on the scene. We were likewise able to hold the bar accountable and obtain a large settlement for the family.
If someone you know was hurt or killed due to an alcohol-related fall, the dram shop attorneys at Grossman Law Offices can help.
We have represented those who have been injured and even killed in all manner of slips and falls because of alcohol, and we can help you and your family. Call Grossman Law Offices in Dallas, TX at (855) 326-0000 to learn what our experienced dram shop attorneys can do for you.
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