Legal Question in Personal Injury in California
I got into a fight at a subway because i threw a beer bottle in the trash that was under my table, i thought it belong to no one ,seems like a couple that came in the door behind me left it there and the point is we got into a physical fight because of that, is the restaurant liable for serving a drunk person. I do have an injury on my wrist i don't remember exactly where in the fight i got it and the coward also used a chair on me but i did punch him in the face a couple of times not sure if this would go against me.
1 Answer from Attorneys
Serving alcohol to someone who is already drunk can make a restaurant, bar, etc. liable if the customer later injures someone in an accident. The same is not true of intentional conduct like fighting. More to the point, Subway doesn't serve alcohol. Merely serving food and/or non-alcoholic drinks to someone who is drunk does not create the same sort of liability because it doesn't make the patron more dangerous.
With more facts I might see a way to hold Subway liable. Chances are, though, that the man who fought you is the only one you can hold responsible. And depending upon the facts, you could be liable to him instead.
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