If my 66 year old mother was at a bar and one of the patrons was drunk and fell on top of her breaking her wrist, can she sue the bar?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my 66 year old mother was at a bar and one of the patrons was drunk and fell on top of her breaking her wrist, can she sue the bar?

The bar has not been responsive. The break was so severe that surgery is required.

Asked on February 18, 2013 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your mother can sue the bar based on premises liability, but prior to suing the bar, it may be possible to settle the case with the bar's insurance carrier.

When your mother completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, she should obtain her medical bills, medical reports, and if applicable, documentation of any wage loss.  Her personal injury claim filed with the bar's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of her injury, and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If your mother is dissatisfied with settlement offers from the bar's insurance carrier, she should reject the settlement offers and file a lawsuit against the bar based on premises liability.

If the case is settled with the bar's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the bar's insurance carrier, your mother needs to file her lawsuit against the bar prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.  CA has a two year statute of limitations in personal injury cases, which means the lawsuit must be filed before the second anniversary of the date of her injury.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption