If you fall over and sustain injury on someone else’s property or in public, then you may be entitled to claim for compensation. Courts look at each case on its own merit and although drink can be a factor, it does not necessarily mean that you will not be able to make a claim if you fall over whilst intoxicated.
First of all we would consider what caused you to fall. Did you fall due to a defect in the pavement? If so you may have a claim for compensation, even if you had been drinking before or at the time of the accident. There is no strict rule saying that people under the influence of alcohol cannot make a compensation claim. Some people may be very drunk which causes them to fall over for no apparent reason. Other people may have had one or two drinks and trip on a defective pavement or pothole. Clearly there is a big difference here. Just because you have had a drink, it does not mean that you cannot claim.
The main factor is what caused the fall. If the fall was caused or contributed to by a defect or by the potential negligence of a store owner (i.e. tripping over stock in a store) then you may have a claim. If you were simply drunk and fell over but you did not fall due to a defect or due to someone else’s negligence, then it is difficult to see how you would succeed in a claim.
With defects in the road or pavement, it is usually the responsibility of the local council to maintain the road/pavement in their area. If defects are left then the local council leave themselves susceptible to compensation claims if people become injured.
If you have been drinking and you are involved in a genuine accident, speak to a team of specialist personal injury lawyers for advice and a free assessment. If you trip in public, due to a defect for example, then we consider that you may have a strong claim for compensation, notwithstanding the fact you were under the influence of alcohol. It could be that an element of contributory negligence applies. Even if contributory negligence is accepted or found by a court, you would still receive compensation. Contributory negligence cannot wipe out your compensation in its entirety, although it can reduce the amount that you are entitled to.
