Queens, NY asked in Personal Injury for New York

Q: Can i sue a restaurant for the injury damages i got from falling on their steps, i was also drunk when this happened.

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4 Lawyer Answers
Michael J. Prisco
Michael J. Prisco
Answered
  • Bronx, NY
  • Licensed in New York

A: You can sue if the cause of your fall was a dangerous condition, i.e, a foreign object left on the stairs. The fact that you were drinking will go to whether you are also at fault, which is an issue a jury will weigh.

Jonathan R. Ratchik and Tim Akpinar agree with this answer

Charles Edward Green
Charles Edward Green
Answered
  • New York, NY
  • Licensed in New York

A: You can sue the restaurant, and also likely the building owner, if there was a defective condition on the steps, such as a broken step, missing railing, or inadequate lighting. Garbage or other debris on the steps may also be a basis for a lawsuit. The fact that you were intoxicated would be considered as comparative negligence and could reduce the amount you’re entitled to, but would not automatically disqualify you from recovering for your injuries. I wish you a speedy recovery.

Jonathan R. Ratchik and Tim Akpinar agree with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: It could depend on the condition that caused the fall, in terms of engineering defects or dangerous conditions. In terms of intoxication, it's a factor that a court would consider because New York is a comparative liability jurisdiction. Good luck

Tim Akpinar

Jonathan R. Ratchik
Jonathan R. Ratchik
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: As my colleagues have correctly advised, whether you can sue the restaurant for your fall depends on whether your fall was caused by some dangerous or defective condition on the stairs themselves. If there was nothing wrong with the stairs and you fell due to your own intoxication, that would not be the basis for a lawsuit. If, on the other hand, you fell due to a dangerous condition on the stairs, such as debris, a broken tread, etc., you might have a basis for a lawsuit provided the restaurant either knew or, in the exercise of reasonable care, should have known about the condition and failed to correct it. Speak with an experienced personal injury attorney. You can find one using the Find a Lawyer tab on the JUSTIA homepage.

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