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Blogs from February, 2020


The weather is getting warmer. The days are getting longer. This means Spring is quickly approaching and with that, people begin to party. Beaches, bars, BBQs, sporting events and house parties become common activities. College students and families set out on adventures for spring break. Unfortunately, however, spring break accidents are common.

Below, our San Jose personal injury lawyers explain common spring break accidents and the grounds for which you may be able to file a claim if you are injured.

A Bar or Nightclub Over-Served Alcohol, Can I Sue?

It is common knowledge that spring breakers love to drink. This means there will be a lot of drinking at nightclubs and bars this spring break.

Dram Shop Laws in California

California does not have much in the way of dram shop laws. This means that generally, a bar or nightclub is not liable for over-serving alcohol. However, establishments may be held liable for serving minors who are visibly intoxicated.

Keep in mind that in extreme cases, you may be able to hold an establishment responsible for over-serving alcohol. If you have suffered injuries in a bar or nightclub, you should speak with an experienced personal injury lawyer. You may have legal options on other grounds.

I Was Injured in a Bar Fight, Can I Sue the Bar?

Spring break tends to bring out the rowdy crowd. Mix in alcohol and there is bound to be a scuffle or two. When people do not know how to walk away, injuries can occur.

Suing a Bar for Injury

If a fight occurs in a bar or nightclub, you may be able to file a claim against the bar, nightclub or staff for your injuries under premises liability. Premises liability injuries may occur if the establishment is overcrowded, lacks proper maintenance or has inadequate or negligent security.

If you have been injured in a bar fight, whether you participated or were an innocent bystander, contact a personal injury attorney to discuss the possibility of filing a lawsuit against the bar or nightclub or others for the injuries you suffered.

I Was Injured at a House Party, Can I Sue?

Not everyone will be partying in bars and nightclubs during spring break. People of all ages will also be opening up their homes for people to come over for BBQs and other activities.

Homeowners and renters may be liable for injuries sustained on their property. The grounds for liability may fall under premises liability and, in certain cases, social host liability.

Social Host Laws in California

Again, California does not generally hold third-parties liable for alcohol-related accidents. However, if a host knowingly provides alcohol to someone the host knows or should know is a minor and an accident occurs, the host may be liable.

Premises Liability in California

Homeowners also have a duty to keep their properties relatively safe for guests. This includes inspecting the property for potential hazards, performing regular maintenance and posting warnings about any hazards that cannot be fixed.

Common premises liability accidents at house parties may include:

If You Are Injured on Spring Break, Call Our San Jose Personal Injury Attorneys

The personal injury lawyers at Needham Kepner & Fish LLP help accident victims who sustained spring break injuries due to another person or entity’s negligence. We are available on weekends and evenings by appointment. Schedule a free initial consultation with us today by dialing (408) 716-1668 or contacting us online.