Legal Question in Personal Injury in New York
Do I Have A Case?
I am a representative payee for a 41 year old man that is mildly retarded with an IQ of 59. The super of his apartment building had a new years eve party. The super was the bartender for the evening. I left the party and told the super not to give my payee a drink because he has the mind of a child and alcohol has a bad effect on him. He assured me there would be no problem. To make a long story short, the super ended up serving him several shots of Absolute vodka. He served him half of a quart bottle. My payee was so drunk that he wasn't even able to stand or walk. I went looking for him around 4:30 in the morning and found him passed out of the fourth floor of the building. When I found him the entire left side of his face was bruised and swollen. I called the police and when they came, they called an ambulance due to his injuries. Is the super responsible for my payee's injuries or any pain and suffering he incurred?
5 Answers from Attorneys
Re: Do I Have A Case?
If the incompetent person is unable to distinguish what is good from bad, and right from wrong then yes, he would have a case. First however, a guardian would have to be appointed to bring the case on his behalf. You do not have a case.
Re: Do I Have A Case?
Yes. I assume that there's a medical report establishing the blood alcohol content.
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Re: Do I Have A Case?
The person injured may have a case against the super, you do not.
Daniel E. Clement
Re: Do I Have A Case?
Yes, you have a very good case. The only positive in this case is that the disabled person was not permanently injured.
The super's behavior was reprehensible and ugly. Because the super was aware that the injured person was unable to consent to the alchohol, the super is responsible for all consequences that are easily predictable.
In this case, becoming drunk and injured is easy to anticipate and both the super and the building management may be liable.
By bringing the building management into the case, it becomes likely that the super will be terminated and the disabled person will be able to continue living in the building while no longer be subject to the risk created by the super.
Because this is a personal injury case, I would take it on a 'contingency basis'. I would only be paid a percentage of the award and nothing if we lose. My usual percentage is 1/3.
Re: Do I Have A Case?
Although the injured party may have a case, you do not, unless you have been appointed his guardian by a court.
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