Legal Question in Personal Injury in New Jersey

Re: Fall while drinking

It is unlikely that under those circumstances you would be liability. Liability derives from the duty to protect others when they are on your premises. The duty is lower to social guests than people there for business type reasons; "a business invitee". Typically with a social guest you must only tell them of hiddne dangers that you are aware of and failure to do that creates liability. As to intoxication, unless the person is a minor, there is no social host liability unless you "served" someone visibly intoxicated. Based upon what you have said, liability seems somewhat unlikely.

However, keep in mind that your version and hers may differ. That creates issues that may require a trial. Additionally, jsut becuase it may seem that you should prevail does not mean that you should not inform your insurance if there is a claim made. You want to make sure that you take advantage of any insurance and request them to defend any claim made. Keep in mind that you want to cooperate with your insurance. You never want to tell them not to pay; since if there is a verdict over the policy limits you would be responsible. On the other hand, if the carrier wants to risk losing, let them assume the risk. Instructing them not to settle palces the risk firmly on your shoulders.

Good luck.

Re: Fall while drinking

So long as you did not provide thw alcohol which the person drank at your house you are not liable so long as the fall was not cause by some condition existing within your house.

You may be sued anyway and in that case you must notify your homeowner's insurance carrier immediately of the

claim so that it can provide legal representation and pay the claim if everything goes wrong.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Fall while drinking

As stated by the other answering attorney, the status of a guest as a social guest rather than a business invitee determines the extent of your duty--one is not held to the same duty as a commercial server of alcohol. The homeowner liability for serving alcohol is generally to a third party because you served drinks to a visibly intoxicated guest who then injures another. One's own folly while consuming one's own liquor barring other factors such as the condition of the premises and failure to warn a guest of known hazard are different questions. You would be wise to cooperate with your homeowner's carrier in informing them of the situation & there may also be a medical payment provision to help the other party with medical expenses regardless of fault.

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