Clairton, PA asked in Personal Injury for Pennsylvania

Q: I went to a bar and got blacked out drunk and fell in the bars parking lot. I broke my collar bone.

I also have a minor concussion. Just wondering if I have a case.

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2 Lawyer Answers
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: You should review this with a lawyer. If you were served alcoholic beverages while in a visibly intoxicated condition, you could have what is called a "dram shop," or liquor liability, case.

You can prove this through witnesses who would testify that you were served while visibly intoxicated. You may also be able to prove visible intoxication circumstantially because you passed out in the bar's parking lot.

This needs to be reviewed with a lawyer.

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Consult a member of the pa. assn for justice--we give free consultations. Yours is a tough scenario because someone was asking for the drinks you consumed and that may have been you. Save any receipts or the credit card statement.

A recent Pennsylvania case indicated that there is a degree of proof required that they knew you were so intoxicated you would fall, but it's sometimes a tough sell to a jury.

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