What If I Slip and Fall at a Winery?
The fall foliage has mostly gone, but the people of Evansville flock to local wineries year-round. Whether you’re going to get rid of your cabin fever or to socialize at an office holiday party, wineries are the perfect indoor activity during the winter months.
The people of Evansville don’t have to go too far to enjoy beautiful scenery from the comfort of a cozy tasting room. Mystique Winery and Vineyard, just about 30 minutes from Evansville, offers a variety of wines in a secluded, rural setting. If you’re up for a longer trip, Blue Heron Winery offers delicious wines to complement its view of the Ohio River.
Although a day of wine tasting may feel like a luxury, the experience can turn sour if it results in an injury. If you slip and fall at a winery, it may be difficult to figure out who is responsible. An Evansville personal injury attorney can help you determine if the burden of paying your medical bills following an injury should fall on someone else’s shoulders.
Personal Liability
No matter where you go, you assume some amount of personal responsibility for your safety. A winery is no exception. Although wineries don’t typically attract the same crowds as bars, that doesn’t mean you can’t become intoxicated during a wine tasting. Pace yourself and stay alert during the tasting, making sure you’re capable of stopping if you feel yourself becoming intoxicated.
There’s a reason why people who go wine tasting frequently spit their samples into spit buckets. You’re at a wine tasting — presumably, you’re there to taste a variety of flavors, not to get drunk as quickly as possible. Take advantage of spit buckets when tasting in order to prevent yourself from becoming intoxicated. If you become intoxicated and injure yourself, you may struggle to put together a compelling personal injury claim.
Premises Liability
The winery has an obligation to provide a safe environment for its customers. In most wineries, the greatest danger for injury is a slip and fall accident. Puddles can form from customers trekking in rain or snow, wine spilling, or leaks from the machines and processes involved with actually making the wine itself.
What matters in your injury claim is whether or not the winery knew or should have known about the hazard that caused your injury. If the winery knew or should have known and didn’t take steps to protect its customers, this is known as negligence.
Although you have personal responsibility for your level of intoxication, the winery also has a responsibility not to overserve its customers. If a winery overserves a customer and that customer drives while intoxicated, the winery may be responsible if that customer gets into an accident and injures another driver.
Where the Winery Isn’t Liable
There are some exceptions to whether or not the winery is liable for injuries incurred on its premises. For example, if a customer sneaks off during a guided tour and gets injured in an employee-only area, then the winery will likely not be held responsible for the customer’s injuries. Typically, the only way in which the winery would be responsible in that scenario is if the employee-only area wasn’t clearly marked as off-limits to customers.
Help from an Evansville Personal Injury Attorney
Whatever time of year, wineries are a great place to try something new. However, you don’t want to have the new experience of getting injured due to someone else’s negligence. If you’ve been injured at a winery, Hensley Legal Group may be able to help. Call our Evansville personal injury lawyers today or contact us online for a free conversation about your case.