It could be argued that no-one is forced to drink alcohol, so the question “can I claim for alcohol poisoning?” may sound strange. After all, no-one forced the drink down your throat. Those who run pubs and clubs or organise an event which involves the serving of alcohol have a duty of care towards those on the premises, so the question of whether or not you can claim for alcohol poisoning may depend on whether that duty of care was met.
Alcohol poisoning is caused by having excess alcohol in the bloodstream. Alcohol, when it is drunk in moderate amounts, can be dealt with by the bodies of most people. The symptoms of blood poisoning include confusion, loss of coordination, stupor, and possibly passing out and seizures. Some of these symptoms are associated with drunkenness, but alcohol poisoning is more serious. Acute alcohol poisoning can even be life-threatening.
In order to put in a claim for alcohol poisoning, as with any other claim you will have to prove that you did not bring this misfortune on yourself. A possible defence by the party the claim is being made against could be that it was you who actually drank the alcohol, thereby causing your own alcohol poisoning. That is why you will have to demonstrate that someone failed in their duty of care by providing you with so much alcohol.
In this case, it is always advisable to seek advice from a competent solicitor when considering making an alcohol poisoning case. Here at Accident Advice Helpline, we have solicitors who are experienced in dealing with this type of case. Based on the information provided, we will gauge whether you do have grounds for a claim and will even be able to provide representation for you if it is decided to push for compensation.
The crux of your claim may be having to prove that whoever served you in the pub or invited you to the party or event where drink was served neglected their duty of care by allowing you to drink so much. Pubs and clubs are obliged not to serve anyone who appears drunk. If you were served in a bar while intoxicated, it could be argued that the landlord, manager or bar staff neglected their duty of care when they allowed you to carry on drinking.
Even at parties or events where the drinks may be free, the organisers have a duty of care to ensure that guests do not become so intoxicated that their health may be threatened. One type of event that is notorious for people drinking to excess is the staff Christmas party. ACAS have warned employers that they could be held liable if any of their staff suffer because of an excess intake of alcohol. In other words, if you suffer alcohol poisoning following a staff party, you may be able to make a claim against your boss.
If we decide that you have a strong case for an alcohol poisoning claim, we will be able to represent you on a no win no fee basis. That means you will pay nothing upfront and there will be no fees if your case is unsuccessful. Call us today on 0800 689 0500 to claim.
Date Published: October 12, 2013
Author: David Brown