Minor Responsible for Own Injuries After Consumption of Alcohol

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The trial court properly instructed the jury to consider whether the negligence of the twenty year old plaintiff materially contributed to cause his injuries because plaintiff's conduct in participating in the purchase, possession, and consumption of alcohol on the night in which he was injured constituted a violation of the Connecticut statutes.

The plaintiff sought to recover damages for personal injuries sustained when he fell into a bonfire while intoxicated. The plaintiff alleged, inter alia, that the defendant R was negligent and reckless in allowing the plaintiff, who was twenty years old, to consume alcohol at R's home to the point of intoxication and then negligently permitted the plaintiff to attend the bonfire in that condition. At trial, the court instructed the jury on the defense of contributory negligence over the plaintiff's objection. Subsequently, the jury returned a verdict in favor of R, finding that although R's negligence was the proximate cause of the plaintiff's injuries, the plaintiff himself was more than 50 percent responsible. The court rendered judgment for R in accordance with the verdict, and the plaintiff appealed claiming, inter alia, that the trial court improperly instructed the jury on contributory negligence because that is not a legally recognized defense for a claim involving the negligent service of alcohol to a minor. On the plaintiff's appeal, held that the court properly instructed the jury to consider whether, based on the facts of the present case, the negligence of the twenty year old plaintiff materially contributed to his injuries; the legislature's decision to make minors criminally liable for the purchase, possession and consumption of alcohol indicates its intent to hold them responsible for their behavior as it relates to alcohol and, had the legislature intended for the defense of contributory negligence not to apply to claims for the negligent service of alcohol to minors, it would expressly have said so.

The trial court properly instructed the jury to consider whether the negligence of the twenty year old plaintiff materially contributed to cause his injuries because it was a matter for the jury exclusively to decide by applying their judgment and experience to the facts. Plaintiff's conduct in participating in the purchase, possession, and consumption of alcohol on the night in which he was injured constituted a violation of the Connecticut statutes. The legislature's decision to make minors criminally liable for the purchase, possession, and consumption of alcohol indicated its intent to hold them responsible for their behavior as it related to alcohol. If the legislature had intended for the defense of contributory negligence not to apply to claims for negligent service of alcohol to minors, it would have expressly said so.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Stafford v. Roadway, 312 Conn. 184; 2014 Conn. LEXIS 146 (Conn. June 17, 2014)