QUESTION

Can you sue the person who threw a party if you drink and crash your car after?

Asked on Jun 10th, 2011 on Personal Injury - Oregon
More details to this question:
If you go to party or fundraiser party and someone gets drunk and drives and has accident, can you sue the homeowner?
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17 ANSWERS

Car Accidents Attorney serving Kalispell, MT
Partner at GLACIER LAW FIRM
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In some states you can if they knewingly overserved you but generally no. You should speak to an attorney in your area.
Answered on Mar 19th, 2017 at 5:52 AM

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Admiralty and Maritime Attorney serving Delray Beach, FL at Aronberg, Aronberg and Green, Injury Law Firm
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Depends on the State's law where the party was. May also have some other potential issues.
Answered on Jul 11th, 2013 at 11:53 PM

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Business Litigation Attorney serving Columbus, OH at E. Ray Critchett, LLC
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Generally, a person who holds a party may be liable for damages caused by someone who leaves their home while intoxicated; however, the law changes substantially if it is the intoxicated person who is injured.
Answered on Nov 06th, 2012 at 11:16 AM

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Automobile Accidents Attorney serving Portland, OR at The Law Office of Josh Lamborn, P.C.
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Generally speaking, in Oregon, if you are served alcohol by a social host while you are visibly intoxicated and then injure yourself as a result you are not entitled to recover damages from the host. If however, you are injured at the hands of someone else who was served at the party while they were visibly intoxicated you may be able to recover damages. From you question it appears that you are in the former situation, but I would encourage you to seek the advice of a personal injury attorney anyway and to do it asap because there is a notice requirement under Oregon law that must be met within 6 months of the injury if the injury took place off of the premises where the alcohol was served.
Answered on Jun 14th, 2011 at 9:22 AM

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If the alcohol was provided free, a social host has no liability to either the guest, or to a third party injured by the guest. If the alcohol was sold at a cash bar, the host would have the same liability as a bar who continued to serve an intoxicated patron. Usually in these type of cases, it is a third party who was injured in an accident with the drunken guest who brings a claim. The guest himself would have to overcome the burden of proportionate responsibility. If the intoxicated persons liability is greater than 50 percent, they may not recover any damages. This is assuming the guest is of legal age to start with.
Answered on Jun 14th, 2011 at 9:20 AM

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Wrongful Death Attorney serving Salem, OR at Swanson Lathen Prestwich, PC
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A homeowner can be responsible for injuries sustained after someone becomes intoxicated at the homeowners place and then drives drunk. Typically the claim would be for a third-party injured by the drunk driver, not the drunk driver himself/herself.
Answered on Jun 14th, 2011 at 8:54 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You would be contributorily negligent and could not sue, but anyone you hit and injure can sue the bar tender.
Answered on Jun 13th, 2011 at 5:01 PM

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Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC at Beaver Courie Law Firm
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North Carolina's doctrine of contributory negligence (claims by a person whose negligence contributed to his or her injuries are barred) is likely to bar claims because of the driver's negligence in driving while impaired.
Answered on Jun 13th, 2011 at 4:56 PM

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Theodore W. Robinson
Yes,it's called the Dram Shop Act and it holds that the homeowner should not serve someone who is already obviously intoxicated or they can be held responsible for the consequences. It is possible, but it is a difficult case to prove. Speak to a competent negligence lawyer. Good luck.
Answered on Jun 13th, 2011 at 12:49 PM

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Virginia law does not favor such actions. Contributory negligence is a complete defense.
Answered on Jun 13th, 2011 at 12:45 PM

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New User
Not if you are the one who got drunk. If you injure someone after drinking at the fundraiser they can sue you and the host.
Answered on Jun 13th, 2011 at 12:39 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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Thats an interesting question. If a homeowner serves alcohol and someone gets intoxicated and crashes their car hurting someone else, then yes, the homeowner may be responsible. But your question is a little different if I understand correctly what you are asking. I dont know the answer for sure, but my gut is telling me that if the person who got intoxicated is the one who got hurt, then it would most likely be considered that persons fault. However, if the person who drank was under the legal age for consuming alcohol, then my answer would be different. A minor, or say one who is twenty in a State where the legal drinking age is twenty-one, is served alcohol and get drunk, then, under those circumstances, I believe that the person who served the alcohol could be held responsible. Please note the following necessary legal disclaimer: I have not given legal advice. I only give legal advice to my clients. I am not acting as your attorney. I have not agreed to represent you. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. All claims have time limits. In general they are in the State of New York: three (3) years for personal injury and property damage actions, two and one half (2 ) years for medical malpractice claims, two (2) years for wrongful death, one (1) year for an intentional wrongdoing, six (6) years for contract claims, but four (4) years for sales of goods under the Uniform Commercial Code, and four (4) months to challenge an action or decision of a government body, department or agency. However, in a claim for personal injury or property damages, if any person or entity at fault is affiliated with a municipal or other government department, agency or facility, then you may be required to file a notice of claim within ninety (90) days and then commence a lawsuit within one (1) year and ninety (90) days, but sometimes within one (1) year. These time limits have exceptions. Never sit on your rights!
Answered on Jun 13th, 2011 at 12:30 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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If the injured person is a member of a protected class, i.e., a minor, but not if the person is an adult who willingly gets intoxicated.
Answered on Jun 13th, 2011 at 11:32 AM

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Bad Faith Attorney serving Orlando, FL at Riley Allen Law
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If you are under age, you likely could. Otherwise, I would not waste my time. You're an adult; act like one. I would not take your case...not ever.
Answered on Jun 13th, 2011 at 11:21 AM

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Railroad Injuries Attorney serving Portland, OR
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Ordinarily, a person who voluntarily becomes intoxicated cannot sue the person or tavern who provided the alcohol. So, no, you probably can't sue your host.
Answered on Jun 13th, 2011 at 11:21 AM

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Real Estate Litigation Attorney serving Newport Beach, CA at Fink & Abraham LLP
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No. Party host is not liable for guests who drink and drive. 1714. (b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrah's Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person. (c) No social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.
Answered on Jun 13th, 2011 at 10:59 AM

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Car Accidents Attorney serving Salem, OR at Howard W. Collins
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Assume Oregon law applies: 1. Are you the driver? If yes, then no. 2. Are you an injured party, then the answer is yes, but your damages may be reduced by your own negligence in getting into a car driven by a person DUII; 3. Are you an innocent third party injured or who sustained property damage by a drunk driver, the answer is yes. It's called the Dram shop act, but there may be a 180 day notice to put the responsible party on notice of the potential claim. Call if you are #3 and let my staff know you are a LawQA caller. Thanks.
Answered on Jun 13th, 2011 at 10:03 AM

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