Can I sue regarding a slip and fall injury on ice, if i was intoxicated at the time?

UPDATED: Oct 1, 2022

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Can I sue regarding a slip and fall injury on ice, if i was intoxicated at the time?

Recently, I slipped and fell inside of an apartment complex. The floor had water

and ice on it with no warning signs. I was intoxicated. Do i have a case based on this information?

Asked on March 27, 2018 under Personal Injury, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You probably cannot win if you were intoxicated at the time. Your ability to win (or if you do win, how much money you win) is reduced by your own fault under the doctrine known (depending on the state) as "comparative negligence" or "contributory negligence." Basically, you can only recover for the other person's fault, not your own. If you were intoxicated when you fell, your impaired reflexes and judgment means you were at least partially at fault; depending on how intoxicated you were, you may well have been more than 50% at fault, and being more than 50% at fault generally means getting nothing.

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 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.

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