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THE IMPACT OF DRINKING ON A SLIP AND FALL CLAIM IN JUPITER, FLORIDA

Slip and fall cases remain common in all parts of the country. However, Jupiter, Florida residents must remain cognizant of the laws that affect claims of this nature if they are going to receive a satisfactory outcome.

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For example, there are a number of clients who remain blissfully unaware of the affect that drinking can have on a claim of this nature. Those who suffer injuries after a night of painting the town red will need to be sure that they are fully aware of these laws before filing a potential claim. A qualified personal injury in Jupiter can help you understand the ins and outs of these types of claims.

Before a case like this can be handled by a personal injury attorney, one important question that must be answered: Did drinking contribute to their slip and fall?

How a Jupiter, Florida Personal Injury Attorney Can Help

A slip and fall attorney in Jupiter will be able to explain the letter of the law to their clients and provide them with insight on the different factors that go in to bringing a claim for injuries sustained in a slip and fall accident. The bottom line: a jury is never going to render a verdict without taking a close look at the role that a Plaintiff or injured party played in their own accident. Can they be blamed in any way, shape or form for what took place? If so, was the use of alcohol or drug a factor as well?

These are questions that must be addressed from the outset. If the Plaintiff or injured party was able to prevent their own injuries and remain safe, this has a huge impact on the type of recovery, if any, that can be made on their behalf.

Special Statute relating to Intoxicated Plaintiffs

In general, Florida is a comparative negligence state. This means that normally, if a person suffers a slip and fall and the jury determines the injured party bears some percentage of responsibility, their recovery will be reduced by the percentage in which the Plaintiff is at fault for his or her own injuries and damages.

However, there is a special statute that relates to the use of drugs or alcohol and claims of these sorts. Under Florida Statute Section 768.36, it states that an injured person cannot recover damages if they are found under the influence of drugs or alcohol AND, as a result, was more than 50 percent at fault for their injuries. In other words, if a jury finds that the injured person’s alcohol intoxication was the cause of 50.01 percent of the injuries, they recover nothing!

Even in cases where the client is not found to be legally drunk, alcohol can still play a role in their injuries under applicable Florida law. A defendant will typically do everything in their power to prove that a client is responsible for their own injuries in these types of cases.


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