What is the laws about personal injury and alcohol?

by **winwood** » Sat Oct 29, 2011 1:01 pm

A tree was uprooted at a friends and left a huge hole. They started cutting off small limbs. Then when they called insurance co. that same day they were told to leave it lay, they were sending out an adjuster. I came over there house about 9 that night. I had just left a dinner with my family where we were celebrating the birth of my grandson that day, I had 2 alcohol drinks. I was carefully watching where i was walking around the tree and the hole but I tripped in the dark over one of the small branches that had been cut off the tree and left laying there. As I tripped i ended up falling in the hole and my foot got caught in the roots while my body was still in motion. It snapped my leg right above my ankle. tib/fib fracture. Had surgery where a rod was put in from knee to ankle and gonna be off work for 4 months. Can I make there homeowners pay for my medical bills and time off work?

by **elkan80** » Sat Oct 29, 2011 1:02 pm

There are hundreds of laws, in 50 different states, that can apply to alcohol and personal injury.

You are going to have to sue the homeowner, and win, to get payments for your medical bills, lost wages, and/or pain & suffering.

It matters a way lot, the laws of your state. For instance, in many states, if you "short cut" through a yard, rather than walking on the intended walkways, that puts a tad more of the cause of the accident in YOUR lap. Being drunk, or "under the influence" if you prefer, in some states, can relieve the obligation entirely from the homeowners. If they took NO measures to ward off the huge hole, and it is located in a spot where someone is LIKELY to step in it, that puts more of the negligence on them.

But it's all going to come down to, how much of this was THEIR fault, vs. YOUR fault. And you'll have to sue them.

There's no "automatic liability" on the part of the homeowners - but in some states, you're being under the influence of alcohol, can be an automatic disqualifier of your case.

by **sylvester37** » Sat Oct 29, 2011 1:04 pm

There are hundreds of laws, in 50 different states, that can apply to alcohol and personal injury.

You are going to have to sue the homeowner, and win, to get payments for your medical bills, lost wages, and/or pain & suffering.

It matters a way lot, the laws of your state. For instance, in many states, if you "short cut" through a yard, rather than walking on the intended walkways, that puts a tad more of the cause of the accident in YOUR lap. Being drunk, or "under the influence" if you prefer, in some states, can relieve the obligation entirely from the homeowners. If they took NO measures to ward off the huge hole, and it is located in a spot where someone is LIKELY to step in it, that puts more of the negligence on them.

But it's all going to come down to, how much of this was THEIR fault, vs. YOUR fault. And you'll have to sue them.

There's no "automatic liability" on the part of the homeowners - but in some states, you're being under the influence of alcohol, can be an automatic disqualifier of your case.

You will have to sue your friends, there is no way around it. You will probably get something but it will count negatively against your friend in the future, their homeowners rate will undoubtably increase.

You are not sueing your friend's insurance company, you are sueing your friend. I want to make that as clear as possible.

by **orson19** » Sat Oct 29, 2011 1:12 pm

a; you knew that a tree was down there
b; you did not take a flash light for night vision help
c; you had some booze

I am doubtful you will get a penny.......why should you? NO offense

by **khalid** » Sat Oct 29, 2011 1:16 pm

Yes! You absolutely can sue them for "negligence" (such as, they should have "secured" the area with a luminescent tape on pole or rope or whatever). Of course, they will call their insurance company and the insurance company will be the one hiring the opposing attorney - and that attorney will fight like Hell to avoid paying you anything.

My questions are: Did you know about the fallen tree and large hole BEFORE you visited them that night? Had you seen it earlier that day, when they cut off a few branches? Was the area well lit that night? If not, were YOU carrying a flashlight?

HOWEVER, you may or may not win! Of course, they will call their insurance company and the insurance company will be the one hiring the opposing attorney - and that attorney will fight your claim with the argument that you knew the tree and its branches were there and you had been drinking alcohol beforehand - thus, he/she will argue that your injury was due to YOUR negligence; not the homeowner!

PLUS, the questions arises: do you wish to lose your friendship with the homeowner. People often react very personally to being sued!!! It has killed many a friendship!

MY IMPRESSION: You will probably LOSE in court ("it was your negligence" due to alcohol and foreknowledge), which means (in most states) you must pay not only your own attorney fees, but ALSO for the insurance company's attorney fees! OUCH ! ! !

SUGGESTION: Your OWN health insurance should (in most states) cover the full costs of your injury, regardless of circumstance. Therefore, my advice would be to contact your health insurance company (if you have not already paid the hospital bills with your health insurance) and forget about suing!

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