Involuntary Intoxication as a Civil Defense in Pennsylvania
Doylestown Accident Lawyer If you’ve been injured in a motor vehicle accident that was caused by a drunk driver, or by an intoxicated defendant in some other accident scenario, then you may have a right to sue and recover damages under Pennsylvania law. When pursuing litigation, however, you may come into conflict with the defendant over the issue of “involuntary intoxication.” Involuntary intoxication is an affirmative defense that may be asserted if the defendant was not actually responsible for their intoxication at the time of the accident, thus shielding them from civil liability. When a defendant asserts the defense of involuntary intoxication, it’s important not to panic or become overwhelmed with the prospect of a more complicated lawsuit. It is rather difficult for a defendant to successfully avoid liability on the basis of involuntary intoxication, in Pennsylvania or elsewhere. Let’s take a closer look. Involuntary Intoxication is a Complete Defense to Negligence In Pennsylvania, the defendant can make use of the involuntary intoxication defense if they can show by a preponderance of the evidence (i.e., that it is more likely than not) that they became intoxicated through no fault of their own. There are a variety of circumstances that can give rise to involuntary intoxication, including, but not necessarily limited to the following: The defendant was forcibly intoxicated, either physically (by another party), or by duress, undue influence, fraud, or some other misconduct; The defendant made an innocent mistake regarding the intoxicating product; The defendant has a unique medical condition […]
