Overserved at a pub..left me with a broken ankle

[phoenixfire]

In October 2011, I was at a local pub. That evening, I was overserved, and ended up breaking my right ankle. I have no recollection of the incident, and found out through a friend that frequents the same pub, that I had apparantly fallen off my bar stool, and one of the patrons carried me to my car and "nobody knows what happened to you after that." I ended up needing surgery to put a plate and 8 screws into my ankle, and months later, I still don't have full mobility. Is there any legal recourse I can take? This happened in IL.

 

[ecmst12]

Sure, don't drink until you fall off your barstool in the future.

Any witnesses that you were obviously intoxicated BEFORE you fell off the stool?

 

[swalsh411]

Holy lack of personal responsibility Batman!

 

[Adam G]

Third parties can sue the bar under the IL dram shop act. I don't think that the drunk himself can sue the bar.

http://www.ilcasco.com/resources/liquor_liability_insurance.pdf&pli=1

 

[Mass_Shyster]

Is there any legal recourse I can take? This happened in IL.

It looks like you're out of luck. The Dram Shop laws do not cover the intoxicated party.

An intoxicated person has no cause of action for his own injuries. Holmes v. Rolando, 320 Ill.App. 475, 51 N.E.2d 786 (4th Dist.1943);

 

[phoenixfire]

I didn't think so...no big deal really..Insurance took care of it all, and I'm obviously more careful now. A friend had mentioned that they could be held liable for letting me leave instead of calling an ambulance or a cab..I didn't think it was true, hence the post...I don't even have the time, money, or patience to take anyone to court for that matter, I was just curious and figured this would be the quickest way to an answer. Needless to say, i stay away from bar stools now, lol. Quite embarrassing.

 

[ecmst12]

It's not the stool that was your problem, it was the many drinks you consumed while sitting on it that was the problem.

Had you gotten behind the wheel of a car and killed some innocent other driver, the bar could have been held liable for that. But not for you injuring yourself because you got too drunk to stay on your stool.

 

[OHRoadwarrior]

I didn't think so...no big deal really..Insurance took care of it all, and I'm obviously more careful now. A friend had mentioned that they could be held liable for letting me leave instead of calling an ambulance or a cab..I didn't think it was true, hence the post...I don't even have the time, money, or patience to take anyone to court for that matter, I was just curious and figured this would be the quickest way to an answer. Needless to say, i stay away from bar stools now, lol. Quite embarrassing.

Then you would be here, wanting to sue them for unlawful imprisonment, I suspect.

 

[ETex2]

I never have understood the "blame the bartender" mentality. Sure they should be careful and not serve people who are obviously getting drunk. But quite frankly, take some PERSONAL RESPONSIBILITY here. If you can't handle your liquor, stay away from the bar. And quit trying to blame someone else. Geez.....