In a personal injury action, can a plaintiff argue that his actions were not intentional?

California, United States of America


The following excerpt is from Lucas v. City of Long Beach, 131 Cal.Rptr. 470, 60 Cal.App.3d 341 (Cal. App. 1976):

In the criminal law voluntary intoxication, whether from drugs or alcohol, does not negate a general criminal intent and is no defense to a general intent crime such as assault. (People v. Kelly, 10 Cal.3d 565, 111 Cal.Rptr. 171, 516 P.2d 875.) It follows that in attempting to impose civil liability on another for injuries resulting from his own conduct, the injured party may not assert that, because of his own voluntary intoxication, his conduct was not intentional.

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