what type of lawyer would i use to sew a bar for over serving me?

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what type of lawyer would i use to sew a bar for over serving me?

Asked on June 14, 2009 under Accident Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Generally, these this type of claim would be handled by a personal injury attorney.  However, absent some unusual circumstances I believe that it will be difficult for you to find an attorney to represent you in this type of claim.  When bringing these types of claims, the general rule is that the plaintiff (you) needs to show that the defendant (the bar) acted with negligence or recklessness, and that you suffered injuries as a result of that conduct.  The first problem with your claim is that the fact that the plaintiff is partially or wholly responsible for his own injuries can be raised as a defense by the defendant.  Therefore, if you voluntarily ordered the drinks, that may be raised as a defense to the action.  The second problem is that you will need to establish damages; therefore, unless you can establish that you suffered damages other than a hangover, it is also unlikely that you will be able to find an attorney to bring this claim.  Both of these factors are influenced by the fact that personally injury attorneys usually work on a contingency basis, meaning that they only get paid off of a percentage of the amount of money that is recovered via settlement or judgment.  Therefore, if it looks unlikely that the plaintiff will be able to establish fault, or damages, or both, the case will not be attractive to the attorney from a financial perspective.

Nevertheless, if you feel that the bar is at fault and that you suffered damages as a result, you should consult with a personal injury attorney to discuss the merits of your case and your legal options going forward.


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