M Civ JI 13.02 Intoxication as Affecting Negligence

It has been claimed that [ name ] had been drinking [ alcoholic beverage ]. According to the law, one who voluntarily impairs his or her abilities by drinking is held to the same standard of care as a person whose abilities have not been impaired by drinking. It is for you to decide whether [ name ]’s conduct was, in fact, affected by drinking and whether, as a result, [ he / she ] failed to exercise the care of a reasonably careful person under the circumstances which you find existed in this case.

Note on Use

If it is claimed that a statute or ordinance was violated, give appropriate instructions from M Civ JI 12.01, 12.03 and 12.04.

This instruction may be inappropriate where a person is suffering from delirium tremors rather than intoxication. Thornton v City of Flint, 39 Mich App 260; 197 NW2d 485 (1972).

Comment

Michigan recognizes that intoxication is a factor the jury may consider in deciding whether a person is negligent or contributorily negligent. Devlin v Morse, 254 Mich 113; 235 NW 812 (1931). One who voluntarily disables himself or herself through the consumption of alcoholic beverages is nevertheless held to the same standard of conduct as a reasonably careful person who is sober. See Strand v Chicago & W M R Co, 67 Mich 380; 34 NW 712 (1887). It is for the jury to decide whether an intoxicated person exercised reasonable care. Fors v LaFreniere, 284 Mich 5, 11; 278 NW 743, 745 (1938).