Yes, under Florida law intoxication can be a reason for comparative fault, generally. Interestingly, the legislature has taken this point and made a statute out of it, Florida Statute section 768.36 (pasted below) basically states that an injured person cannot recover damages if they are under the influence of drugs or alcohol and, as a result, was more than 50 percent at fault for the injuries. So while Florida is generally considered a “pure” negligence State (pure in that in most cases even if plaintiff is 99 percent at fault, they can still recover the 1 percent damages from a party that bears such liability), this is an exception to that rule. Thus, if a jury finds that the injured person’s alcohol intoxication was the cause of 50.01 percent of the injuries, then instead of recovering 49.99 percent from the person sued, they recover nothing! There seem to be some arguments to whether this law is constitutional but for now this law law is on the books. By example, if a landowner is negligent for a dangerous condition on the property but the jury finds that the injured person was legally drunk and their intoxication was 55 percent of the reason they fell and were injured, then under this statute the injured person would recover nothing.
If you have been injured in an accident and believe another person or company may be at fault, please call Drucker Law Offices at 561-483-9199 or 954-755-2120, 305-981-1561, or 561-967-3840 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth and West Palm Beach. Drucker Law Offices and Attorney Gary J. Drucker only charges its clients fees and costs if it recovers money for them. Attorney Gary Drucker offers a free consultation in any of the offices referenced above or at your home or in the hospital. Please call the law firm to set an appointment today!
Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the slightest difference in the facts could change the result. Also, this blog is, as the web site name suggests, based on Florida law and the laws of any other state could vary significantly from Florida.
768.36 Alcohol or drug defense.—
(1) As used in this section, the term:
(a) “Alcoholic beverage” means distilled spirits and any beverage that contains 0.5 percent or more alcohol by volume as determined in accordance with s. 561.01(4)(b).
(b) “Drug” means any chemical substance set forth in s. 877.111 or any substance controlled under chapter 893. The term does not include any drug or medication obtained pursuant to a prescription as defined in s. 893.02 which was taken in accordance with the prescription, or any medication that is authorized under state or federal law for general distribution and use without a prescription in treating human diseases, ailments, or injuries and that was taken in the recommended dosage.
(2) In any civil action, a plaintiff may not recover any damages for loss or injury to his or her person or property if the trier of fact finds that, at the time the plaintiff was injured:
(a) The plaintiff was under the influence of any alcoholic beverage or drug to the extent that the plaintiff’s normal faculties were impaired or the plaintiff had a blood or breath alcohol level of 0.08 percent or higher; and
(b) As a result of the influence of such alcoholic beverage or drug the plaintiff was more than 50 percent at fault for his or her own harm.
