I was trying to sleep outside of and away from my car because I had drank too much and was unable to drive. I awoke to police who went through the standard field sobriety tests before having me do a preliminary breathalyzer. I was incredibly intoxicated - to the point where I should have been hospitalized - and blew a BAC of .363.
I was then arrested for an OWI and called my wife before being transported to the jail. I had an alcohol problem at the time so my wife called the jail and informed them that I would have severe withdrawals and they should monitor me.
The jail said they would check on me every 15min. Eventually I ended up having a severe seizure, fell out of my bed and cracked my head open during the fall. I was taken to the hospital and given several stitches before staying at the hospital for a week.
Could I sue the jail for damages related to this? I feel like it was negligent on their part to take me to jail rather than a hospital after blowing a BAC of .363. Additionally they were advised of my circumstances and failed to ensure my safety while in their care and custody. Furthermore, what type of attorney would I need assuming this would be a valid lawsuit?
You can try, but anytime you attempt to sue a governmental entity, you are facing an uphill battle.
First, there are strict time periods in which to make a claim and file a lawsuit. Then, the burden of proof is on you that your injury was caused by the jail's negligence. You are going to have to prove that they knew or should have known that a BAC level of .363 would be grounds for you to go to the hospital and that the jail had a duty to send you there.
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Negligence on the jail's part would not be sufficient to establish liability. You must establish deliberate indifference on their part and the inevitability of constitutional injury. Here, you got yourself drunk and were out on the streets sleeping, what? Outside?? Your claim is that the jail had some duty to do what you yourself did not - get yourself into a hospital. It's just not a winning argument. You don't create an emergency for a jail by getting blackout drunk and trying to sue them for your eventual foreseeable injury.
DO NOT message me asking follow ups to your question! That's what the forum "comment" feature is for. I am not your attorney here, and I cannot give you legal advice here. To become your attorney, I need to understand the facts and circumstances of your legal situation and meet you face to face.
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