How does voluntary intoxication affect a liquor liability lawsuit?

Voluntary intoxication can affect a liquor liability lawsuit in West Virginia. Generally, licensed establishments such as bars, restaurants, and stores must exercise a reasonable degree of care when serving alcoholic beverages. If someone is injured by an intoxicated person, the injured party may be able to bring a claim against the establishment under a Liquor Liability Law. Voluntary intoxication can be a defense in a Liquor Liability Lawsuit. This means that an establishment can be exempt from liability if it can be shown that the person became intoxicated as a result of their own actions. In West Virginia, the voluntary intoxication defense may apply if the defendant can prove that the injury was the result of the victim’s decision to voluntarily become intoxicated. However, the voluntary intoxication defense does not always mean that the establishment won’t be held liable. In the state of West Virginia, establishments can still be held liable for an injury if the intoxication was foreseeable and it can be proven that the establishment provided the victim with alcohol, despite the victim being visibly intoxicated. Therefore, voluntary intoxication can have an impact on liquor liability lawsuits in West Virginia. Establishments may be able to use the voluntary intoxication defense if the injury was solely a result of the plaintiff’s decision to become impaired, however, establishments can still be held liable if it can be proven that the intoxication was foreseeable.

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How does voluntary intoxication affect a liquor liability lawsuit?

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