Can I Sue For My Spring Break Injury?

Although it may not seem like it today, Spring is around the corner in Ohio. Finally. Soon herds of young adults and college co-eds will venture out to hot, dangerous, and alcohol-filled locations for the infamous “Spring Break” trip. While Spring Break is a time of fun and a chance for many to relax and enjoy warmer climates, it is also a dangerous breeding ground for serious injuries and poor decision making. Here are a few of the most likely spring break injuries and some tips on what you can do afterwards:

1. Drunk Driving Injuries

Spring breakers are going to drink. Most likely, they will be getting these drinks from bars and nightclubs. Aside from the often devastating impacts of drunk driving, DUI collisions also can expose drunk drivers to lawsuits for a victim's injuries or death. Furthermore, "dram shop" laws in most states allow victims of drunk driving accidents (or their families) to hold bars and alcohol retailers accountable for the death, injury or other damages caused by an intoxicated customer. 

So where’s the line between merely serving your clientele and injuring them? It may depend on the dram shop laws in the state where you are vacationing. If you’ve been hurt by a drunk driver, make sure you talk to an experienced attorney to direct you on the best course of action and who may be responsible for your injuries

2. Bar Fights

With all that drinking, there’s bound to be a disagreement or two. Often fights or beatings do not end in criminal charges, but that doesn't mean that your attacker is off the hook. You can still sue the person who beat you up for assault and/or battery. With both of these civil charges, you need to prove damages in order to be successful. This typically involves providing medical bills or lost wages due to your injuries.

You may also look into suing a third party after your beating. Often the people who beat you up are guilty... but broke. Even a successful suit against your attackers may not help you recover from your injuries if you can't collect anything from them.

Luckily there are a few other ways to sue third parties for your beating injuries, such as: 

- Premises liability. Clubs are fairly common backdrops for fights, and a lack of proper security at a venue may mean liability for your injuries.

- Dram shop laws. Many states will pass the liability for damage done by drunken bar patrons on to the bars themselves. If a drunken bar patron was "overserved" and then attacks you, you may be able to sue the bar.

- Negligence. Employers are typically not held responsible for the criminal or intentional torts of their employees, but they may be held liable for failing to train or selecting dangerous individuals as employees.

3. House Party Injuries

If you're injured at a college party, can you sue? Party-related injuries typically fall within the purview of personal injury law. This includes the classic slip and fall injuries, such as people who may slip on beer-soaked floors or fall through shoddily constructed, non-permitted balconies.

But personal injury suits can also seek recovery for any other types of negligent behavior that results in physical injury, such as allowing an underage girl to consume a dangerous amount of alcohol at a fraternity party. A personal injury suit can be brought against one or multiple defendants. In some cases, it might not be clear who is responsible for your injury. In others, multiple parties may have shared responsibility. These may include:

- The party's host. Many states have passed what are called social host liability law that may make the host of a party responsible for injuries caused by someone who was served alcohol in excess.

- Property owner. The owner of the property (as well as the tenants or lessees) may be held liable through premises liability, which holds the owners or occupiers of property responsible for maintaining a safe environment.

- University. If the party occurred on campus or was connected with the University, you may also be able to sue the school. However, lawsuits against public schools may be subject to the special rules for injury claims against the government/

If you're injured at a party, a personal injury attorney can help explain your legal options and advise you on how best to proceed with a personal injury lawsuit.

Injured? Exercise your legal rights. Get in touch with the attorneys at Walton + Brown LLP today for a free consultation.