Can I Still Recover In A Slip & Fall Accident Case If I Was Intoxicated?

Slip-and-fall accidents are among the most common in Florida, partly because they can take so many different forms. Whether one slips in a puddle not properly mopped up, or slips on the remains of a grape in a grocery store, slip-and-fall accidents create questions of liability on both the part of the premises owner and the person who has been injured. That said, if the injured person was engaged in potentially reckless behavior – such as drinking – it may make recovering damages more difficult than it would otherwise be.

Must Prove “Actual Or Constructive Knowledge”

Slip-and-fall accidents are fairly straightforward at common law; if a plaintiff slips and injures themselves on another person’s premises or property, they have the right to seek damages from the landowner over the harm they have suffered. The law has remained relatively unchanged, but Florida’s legislature has added to it via statute. The most notable is relating to business establishments – namely, the law holds that if someone slips on a “transitory foreign substance” in one, the plaintiff must prove that the defendant had “actual or constructive notice” of the substance and failed to remedy it.

The phrase “business establishment” generally will apply to places like bars and nightclubs where people are drinking, meaning that an injured plaintiff must prove that ‘actual or constructive notice’ on the part of the defendant – in other words, the plaintiff has to show that the defendant knew of the dangerous condition, but did little to stop it. This is difficult at the best of times – but if the plaintiff was drinking, it can be even more difficult to present an effective case.

Drinking Affects Liability

If a person wants to seek damages for their slip-and-fall accident despite having been intoxicated at the time it occurred, it is important to understand that this is possible – but if the drinking can be proven, that fact can greatly hamper a plaintiff’s chances of recovering compensation. The rationale is that people should not be compensated for injuries they themselves helped to cause – for example, if a driver is injured after colliding with a commercial truck, but it is proven that the driver was speeding, this would lower their chances of receiving damages, because they could have chosen not to speed.

Being legally intoxicated is considered serious enough that it may outright bar recovery in some cases – Florida law is very specific that if someone is shown to have had a BAC over 0.08%, it can be persuasive in arguing that the person was more than 50 percent at fault for their own injuries. Florida’s comparative negligence law holds that if someone is 51 percent or more responsible for their own injuries, they may not recover monetary damages at all.

Call An Orlando Slip-and-Fall Accident Attorney

Florida’s personal injury laws are firm about compensating plaintiffs who were injured due to another person’s negligence, and if a plaintiff was also negligent, it can limit recovery. An Orlando slip-and-fall accident attorney from the Hornsby Law Group can help answer your questions about the legal process, and clarify your options about how to handle this situation. Contact our office today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2025/0768.0755