Generally speaking, when we have a few too many tipples we expect to sustain a few bumps and bruises. When you have a drink, balance is affected and, as such, slips, trips and falls are common accidents. Yet, if you do suffer injury whilst drunk, that doesn’t automatically mean that you are to blame for the harm you have suffered.
I sustained an injury whilst drunk, who is to blame?
If you have sustained an injury whilst drunk due to irresponsible or careless behaviour on your own part, it goes without saying that you are usually to blame for the incident.
That being said, however, if you suffer an injury whilst drunk and you are able to prove that a third party is partially liable for the issue that caused the accident, you may still be able to claim compensation, despite the fact that you sustained the injury whilst drunk.
For example, poorly maintained roads, pavements, rubbish cluttering exits of bars, unsigned wet flooring in takeaway entrances, all of these issues are hazards which can lead to you sustaining an injury whilst drunk. What’s more, you are not to blame for these issues, either.
With this in mind, if you, for example, slip on wet flooring when going for after-drinks snacks, or trip over on a poorly maintained pavement, someone else is partially liable for the accident you have experienced.
Does it matter that I sustained the injury whilst drunk?
When we are intoxicated, we aren’t really in the best frame of mind, or in some cases even capable, of making good judgement calls. Considering this, it can be argued that you sustained your injury whilst drunk because of your level of intoxication.
A good legal team, such as our solicitors at Accident Advice Helpline, will look at the ins and outs of your case and help you determine if there are aspects where responsibility does lie with the third party.
If there is, we can move forward with your case and claim on the basis of contributory negligence. This means that you recognise the fact that you sustained the injury whilst drunk makes you partially responsible. Therefore, an amount will be deducted from the compensation award for this. Contributory negligence cannot wipe out your entire right to claim compensation.
Getting in touch with Accident Advice Helpline
For more information, speak with Accident Advice Helpline today via our freephone helpline number, 0800 689 0500.
Date Published: April 29, 2016
Author: Accident Advice