In California, going to a bar and having drinks with friends is a popular way to have fun and unwind after a long work week. However, what should be an enjoyable night out can become a nightmare if you are injured at an establishment due to negligence. Drinking too much alcohol has been known to lead to accidents and injuries as an individual’s critical motor skills and cognition are impaired. This can cause their drunken behavior to put others at risk. While many individuals voluntarily drink when visiting a bar or winery, they may be illegally overserved. If you are overserved by a bar or restaurant and get injured, you may wonder whether you have the right to take legal action against the establishment for your damages. Please continue reading to learn whether you may have a valid claim and how our skilled Santa Clara County Personal Injury Attorneys can help you fight to attain the maximum compensation you deserve.
Can I take legal action against a bar or winery for being overserved in California?
Bars and wineries are legally obligated to maintain safe premises for the customers within their establishments and ensure they do not over-serve patrons to prevent accidents and injuires. Unfortunately, the appropriate parties may neglect to exercise reasonable cases, resulting in devastating consequences. California law significantly limits vendors’ legal responsibility for alcohol-related accidents. However, there are still exceptions in which a bar or winery can be held liable for serving alcohol to someone who goes on to injure themselves or someone else. Generally, when a business knowingly serves alcohol to people they know or should reasonably know are under the legal drinking age of 21, they can be held liable for their actions of the intoxicated underage guest as they are responsible for providing the patron with alcohol. A bar can also be liable for providing alcohol to a visibly intoxicated person who injures someone.
Do I have the right to sue for a slip-and-fall accident?
As mentioned above, bars and other establishments must maintain safe premises for patrons to prevent accidents and injuries. While many assume that bar incidents involve other patrons, slip and fall accidents are among the most common accidents people can be engaged in at these establishments. When the appropriate parties fail to detect and repair unsafe property conditions, they can be held liable for any injuries resulting from the establishment’s negligence. When there are spills on the floors, uneven floors, tangled cords across floors, or other hazards, the appropriate parties must remedy the issue within a reasonable time frame. If they leave the dangerous property condition unattended or warn patrons about the unsafe conditions, you can take legal action for a slip and fall accident.
If you’ve been injured at a bar or winery due to another party’s negligence, please don’t hesitate to contact a dedicated attorney from the Law Offices of Brian J. O’Grady, prepared to represent your interests and hold the negligent party accountable for their careless actions.