Q: So if someone is a alcoholic and falls in a building stairs , breaks back of his head can you sue the building ?
It's possible they could. It could depend on whether there was a defect in the stairs or other hazardous condition. New York is a comparative negligence jurisdiction, but a claimant's share of liability would be more dependent upon whether they were impaired at the time rather than an existing health condition. Although the description here is concise, there could be a number of factors to consider in making a legal analysis of such a situation. Good luck
Jonathan R. Ratchik agrees with this answer
Hi there - there are many factors that need to be considered, but if there is indeed a negligent or dangerous condition that helped cause the fall, there still may be the ability to file a lawsuit. You should definitely consult with an attorney in order to get more feedback.
Tim Akpinar agrees with this answer
A: It depends. If the person fell because of a dangerous condition, such as a broken step, the fact that they are an alcholic, does not prevent them from suing. But if they were drunk at the time, that certainly would indicate some comparative fault, which would reduce their recovery.
A: It really depends on why the individual fell. If there was a dangerous condition on the stairs which caused him to fall and about which the owner had notice, he could sue the building. That he may have been intoxicated at the time does not relieve the building of its legal responsibility to maintain the stairs in a reasonably safe condition. That said, its share of responsibility may be reduced depending on the extent to which his intoxication contributed to his fall. Keep in mind that in order for the building to have any legal responsibility it needs to have had notice of the dangerous condition: either actual notice (it knew of the dangerous condition) or constructive notice (the dangerous condition was visible and apparent and existed for a long enough period of time before his fall such that the building should have discovered it).
Tim Akpinar agrees with this answer
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