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Page 28 of 29 |
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My son did a sailor dive into the pool and broke his neck. Will the fact that he was intoxicated diminish his ability to recover damages in a lawsuit? |
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Probably yes. But that will ultimately depend on whether his drinking or doing a sailor dive (putting your hands to your side and going head first) contributed to his injuries. For example, say the pool had such a steep slope from the deep end to the shallow end, that it was almost impossible to avoid contact with the bottom of the pool when diving off the diving board, whether drunk or doing a sailor dive. Or, perhaps the pool was too shallow to support a diving board.
A jury would look at the fact of the dive and compare that to the negligence of any other party deemed responsible for your son’s injuries – determine the “comparative negligence” of the parties. So if your son is considered 20% negligent, the homeowner 20% negligent and the pool installation company 60% negligent, your son’s compensation would be reduced by 20% (the percentage of his own negligence). If your state follows a strict “contributory negligence” scheme, he will probably be barred from any recovery if he is found at all negligent for his own injuries. |
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