Husband’s fall at Oregon restaurant What happened next

Have you ever been served alcohol while visibly intoxicated in Oregon, only to suffer an injury afterward? It’s a common issue, and understanding the law is crucial for addressing it. In this article, we’ll explore a pivotal court ruling in Fulmer v. Timber Inn to illustrate how such cases are resolved through negligence and premises liability claims.

Situation

Specific Situation

In Oregon, a couple went to a restaurant and lounge one evening. This place is known for serving alcohol and has a lounge on the second floor, which you can only reach by stairs. During their visit, the husband, who is one of the people bringing the case to court, was served drinks by the staff. They say the staff kept giving him alcohol even after he was clearly drunk. As the night went on, he lost consciousness and fell down the stairs, getting badly hurt. The couple decided to take legal action to get money for his injuries and other losses.

Judgment Outcome

The court partially agreed with the couple. It said their complaint had enough facts to support claims of common-law negligence and premises liability. This means the court believed the restaurant might be responsible for serving alcohol to someone who was clearly drunk and for not making sure the place was safe. The court also agreed with the wife’s claim for loss of consortium, which means her loss of companionship and support. The case was sent back to a lower court for more proceedings on these claims. However, other claims were dismissed. The case reference number is Oregon S45323.

Resolution Criteria

ORS 471.410(1)

ORS 471.410(1) is a law in Oregon that makes it illegal for anyone to sell or give alcohol to someone who is visibly drunk. This law was important in the Fulmer case because it outlined the responsibility of the restaurant not to serve alcohol to someone who is clearly drunk. However, the court said breaking this law does not automatically mean the restaurant is negligent. The court used past decisions to show that while this law is important, it doesn’t by itself set the standard for negligence claims.

ORS 471.412(1)

ORS 471.412(1) complements the first law by not allowing places with a license to serve alcohol to let drunk people keep drinking on their property. Even if they’re not being served more drinks, the place must not let them keep drinking if they’re already too drunk. This law is similar to ORS 471.410(1), and the court said the same thing: it doesn’t mean automatic negligence on its own.

Solution

Immediate Actions

If you find yourself in a situation where you or a loved one was served alcohol despite being visibly intoxicated and got injured, the first thing to do is seek medical attention. Document the injuries with photos and keep any medical reports. It’s also important to gather any evidence from the scene, like witness statements or surveillance footage, if available. These will be crucial for your case.

Filing the Lawsuit

To start a lawsuit, you’ll need to file a complaint in the appropriate court. This complaint should detail what happened, the damages you’re seeking, and why you believe the establishment is at fault. You might want to hire a lawyer who specializes in personal injury or premises liability cases. They can help draft the complaint and ensure it meets all legal requirements. Filing fees will apply, and your lawyer can explain these costs.

Settlement and Negotiation Strategies

Before going to trial, consider trying to settle the case. Many cases are resolved out of court through negotiation. Your lawyer can help you with this, aiming to get a fair settlement. It’s important to weigh the pros and cons of settling versus going to trial. Sometimes it’s better to settle, especially if the evidence is strong against the establishment. Negotiating skills and a clear understanding of the case’s strengths and weaknesses will be key.

FAQ

What Is Negligence?

Negligence means not being as careful as you should be, leading to someone else getting hurt. It’s like when someone forgets to do something important that could keep others safe.

What Is Premises Liability?

Premises liability means that if you own or use a property, you have to make sure it’s safe for visitors. If someone gets hurt because you didn’t fix something dangerous, you might be responsible.

What Is Loss of Consortium?

Loss of consortium is when someone’s injuries affect their relationship with their spouse or family. If a person is hurt and can’t be the same partner or parent they were before, their spouse might claim this loss.

What Is ORS 471.410?

ORS 471.410 is an Oregon law that says you can’t sell or give alcohol to someone who looks drunk. It’s about keeping people safe by not letting them drink too much.

What Is ORS 471.412?

ORS 471.412 is another Oregon law that says places with a license to serve alcohol can’t let someone who looks drunk keep drinking. It’s about stopping people from getting more intoxicated.

What Is ORS 472.310?

Former ORS 472.310 was a law that said you couldn’t serve alcohol to someone who was visibly drunk. Although it was repealed, it used to guide how alcohol service was managed.

What Is Comparative Fault?

Comparative fault is when the court decides how much at fault each person is in an accident. If you’re partly to blame for what happened, you might get less money in damages.

What Is Stare Decisis?

Stare decisis is a legal rule that says courts should follow past decisions in similar cases. It helps make the law predictable and fair.

What Is Dram Shop Act?

The Dram Shop Act is a law that holds bars or places that serve alcohol responsible if they serve someone who is too drunk, and that person ends up hurting someone else.

What Is Common-Law Claim?

A common-law claim is based on past court decisions rather than written laws. It relies on how courts have interpreted similar situations over time.