Sleepwalking is when a person unknowingly walks around in their sleep. They are not conscious during that time, and are susceptible to injuries and problems. This condition is most prevalent in children and is a normal part of life. However, adults can suffer from this too. It might happen occasionally due to outside stressors such as anxiety from work or grief from the loss of a loved one. There are some adults that suffer from sleepwalking on a regular basis due to several reasons, one of which might be medication. No matter what causes sleepwalking, if a person is injured during this time, parties can actually still be held liable for accidents as a personal injury lawyer can detail further:
Injuries To Others
Unfortunately, a person is not in control of their actions when sleepwalking. This might lead to loved ones being injured in the process. For example, if a friend tries to wake a sleepwalker, the sleepwalker can be startled and accidentally hit their friend. If the sleepwalker knew they had a condition and took no steps to overcome it or warn their friend about it, they can actually be held liable for the injuries incurred.
If a person knows that they sleepwalk, it is up to them to take steps to protect those around themselves. Just giving someone a verbal warning is not enough if they become injured. Additionally, sleepwalkers can be held liable sometimes if they take drastic actions while asleep such as starting fires or driving a car that crashes. If a person takes a medication that has a known side effect of sleepwalking, and they still get behind the wheel of a car, they can be held liable for an accident. It comes down to whether the person sleepwalking knew they had the condition and what they did to prevent harm coming to others.
Injuries To The Sleepwalker
More often than not, sleepwalkers end up injuring themselves versus someone else as our friends at Cohen & Cohen can share. After all, if you’re asleep, you don’t know that you’re about to take a step down some stairs. This might happen causing you to fall and injure yourself. In a situation such as this, other parties might be held liable for the injuries incurred such as a landlord or property management company.
Back to the stairs example, let’s say there is a step that has been crumbling for quite awhile. You have brought it up to your landlord several times, noting how it is a danger. The landlord has not fixed it. One night, you sleepwalk down the stairs, but catch on that crumbling step. You fall and injure yourself. Even though you were sleepwalking, it is possible to hold the landlord at fault. This is due to the fact that the crumbling step is a known danger and had it been fixed, you might not have tripped while sleepwalking.
Of course, these cases are heavily based on evidence. This includes security cameras, eye witnesses, photos, and documentation such as past requests submitted to the landlord to fix the step. A lawyer will help build your case to prove negligence, and they will use this evidence to do so.
As you can see, these types of cases are extremely complicated. It is important to consult a lawyer near you for more information on your specific circumstances as they can help determine fault and protect your rights.
