Legal Question in Personal Injury in New York

Can someone sue if they got hurt at a bar, even if they were drunk at the time?


Asked on 5/15/10, 4:35 am

2 Answers from Attorneys

When you have a personal injury action there needs to be three things; (1) a duty (2) a breach of that duty and (3) damages. In order to answer your question more information is needed - for instance, was the person hurt slipping and falling on a spilled drink or was the person assaulted by another patron?

The fact that the injured person was drunk at the time of the accident may have some bearing on their own comparative negligence but it is not a bar to a lawsuit. You should speak to a lawyer and provide them with the circumstances of the incident to get a more informative opinion.

Our office wishes you the best of luck.

Matthew A. Schroeder, Esq. (212) 532-1200 (Office)/ (917) 371-4260 (cell)

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Answered on 5/20/10, 6:14 am
Pasquale Calcagno Calcagno & Associates, PLLC

You can possibly bring a lawsuit but what cause of action the lawsuit pleads will determine what happen. Did you slip and fall, did you get into a car accident after leaving the bar drunk, did you get hurt as a result of an accident?

Kindly contact me, Pasquale Calcagno, Esq., to discuss the specifics of the case at 1(800)WE-FIGHT. We offer free consultations and have convenient locations all over New York and can have an attorney come to you for a free consultation upon request.

You can also visit us on the web at www.1800wefight.com.

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Answered on 5/20/10, 9:36 am


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