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How does alcohol affect your Nevada slip-and-fall claim?

| Sep 23, 2021 | Premises Liability |

The last thing you expected to happen when you went out for drinks with your friends was to end up in the hospital after a slip-and-fall accident — but that’s where you are.

You feel like the bar is clearly liable for your injuries — after all, their uneven floor was unmarked, and the servers were spilling drinks and ice all over the floor. Their insurance company, however, says that you bear the blame simply because you were drinking.

Can alcohol consumption negate your personal injury claim?

Alcohol can indeed affect someone’s coordination, judgment and even their eyesight, so that means intoxication could be a factor in your slip-and-fall accident.

In Nevada, personal injuries are handled through a modified comparative negligence model. That means that fault for an accident can be apportioned to all of the parties involved. In other words, the court can decide that a victim somehow shares the liability for their own injuries due to either some action or inaction on their part. 

If the court finds you less than 50% responsible for your own injuries, you can still collect at least some compensation for your injuries. If the court says that you’re more than 50% responsible, you’re not entitled to anything.

Will your alcohol consumption limit your rights after a slip and fall?

Just because alcohol consumption can affect your ability to claim compensation for your injuries, that doesn’t mean it will. The defendant in your case may have to prove that you were genuinely intoxicated and that somehow led to your fall — and that may not be so easy.

If you’ve been in a slip-and-fall accident, the statute of limitations in Nevada gives you just two years to claim the compensation you are due for your injuries. Learn more about your legal options today.