If a claimant was intoxicated at the time of injury, does this affect his/her claim for injuries caused by the negligence of a defendant?
21st Jan 2012
Section 50 of the Civil Liability Act applies if intoxication impaired the injured person’s capacity to exercise reasonable care and skill for their own safety. There is no entitlement to damages unless the injury, loss or damage would have occurred even if the plaintiff was not intoxicated. If this finding is made, then a deduction for contributory negligence is to be made unless the court is satisfied that the intoxication did not contribute to the injury, death or damage. When a deduction is made for contributory negligence it will be at least 25%.
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