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WLB | Wilbraham, Lawler & Buba, P.C.
Wilbraham, Lawler & Buba, P.C.
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How intoxication can impact premises liability lawsuits

On Behalf of Wilbraham, Lawler & Buba, P.C. | Jul 5, 2025 | Premises Liability

Homeowners and businesses can potentially face premises liability lawsuits. If a visitor or member of the general public gets hurt on private property, they can try to hold the business that operates there or the property owner directly accountable. Claims for compensation often involve allegations of negligent property maintenance.

Business leaders and property owners facing premises liability lawsuits may feel anxious about the costs involved. In some cases, they may choose to actively defend against allegations that negligence caused a visitor’s injuries. Yet, there are an assortment of different defense strategies that can work in a premises liability case.

Could evidence of the injured person being under the influence help exonerate a property owner or business?

Intoxication can lead to unsafe conduct

Many landlords with multi-unit facilities and businesses have security cameras in well-traveled areas. The goal is not just to deter criminal activity. Instead, those cameras can also help limit organizational liability. For example, in a case where an intoxicated person visits the grocery store, they might stumble around, slamming into shelves and ultimately falling. There is then video footage of their unsafe conduct that can raise questions if they sue. Being overtly impaired in public is a criminal offense in and of itself.

It is also negligent behavior, as most people recognize that being chemically intoxicated puts them at risk of injuring themselves or others due to a loss of coordination and compromised personal judgment. Businesses and property owners responding to premises liability claims can sometimes fight back by showing that intoxication was likely the underlying cause of the incident, rather than negligent facility maintenance.

Reviewing the circumstances surrounding a premises liability claim with a skilled legal team can lead to an effective defense strategy. If a person caused their own injuries through poor decision-making, property owners and businesses shouldn’t have to pay the price.

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Categories

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