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Texas Bar To Pay $3M Bc Drunk Patron Killed 3 In Wreck

Posted on 11/14/16 at 10:46 am
Posted by dabigfella
Member since Mar 2016
6687 posts
Posted on 11/14/16 at 10:46 am
What's the OT think about this. I don't see how its the bars responsibility whether this guy called an uber or drove home. Are bars now supposed to have someone make sure all drunks get a ride home? Also how is the bar liable for the negligent actions of a bartender? I get the owner hired him/her but wow thats pretty drastic. Obviously they probably have insurance to cover such a thing, but wow.

LINK
Posted by RollDatRoll
Who Dat. Roll Tide.
Member since Dec 2010
12245 posts
Posted on 11/14/16 at 10:47 am to
This is not anything new, and I don't see it ever changing.
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
38735 posts
Posted on 11/14/16 at 10:49 am to
quote:

Are bars now supposed to have someone make sure all drunks get a ride home?


Technically, they are supposed to cut off anyone they suspect of having too many.
Posted by dabigfella
Member since Mar 2016
6687 posts
Posted on 11/14/16 at 10:49 am to
Malicious lawsuits in this country are out of hand. I dealt with one bc a storm knocked a tree over onto a car on a commercial property I owned. Someone decided to ride out a storm by sitting in their car on my property and a tree fell on it. I didn't lose, but plenty of money was wasted going to court over the matter. I just think as tragic as this matter was, ruining the bar owners lives was not necessary, if anything go after the bartenders serving the man that night.
Posted by Ash Williams
South of i-10
Member since May 2009
18146 posts
Posted on 11/14/16 at 10:50 am to
I think it was a settlement

which means that a jury couldve gone either way with it but obviously the bar/insurance company lawyers thought 3 mil was a good deal

after all:

quote:

According to Texas' Alcoholic Beverage Code, bars are open to lawsuit if they serve someone alcohol who is "obviously intoxicated to the extent that he presented a clear danger to himself and others," and the drinker goes on to cause damage, personal injury or death while intoxicated.



if its a law on the books, then clearly the citizens of texas are okay with it
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
36418 posts
Posted on 11/14/16 at 10:50 am to
Pretty sure bars in Louisiana can't be held liable like this unless the patron was under 21. Texas evidently doesn't follow that.
Posted by dabigfella
Member since Mar 2016
6687 posts
Posted on 11/14/16 at 10:51 am to
quote:

Technically, they are supposed to cut off anyone they suspect of having too many.


The problem with this and you know it is alcohol hits you later. You can sit at a bar and take 6 vodka shots and be fine and leave and 30 minutes later get in a wreck bc you suddenly get the effect.
Posted by rintintin
Life is Life
Member since Nov 2008
16178 posts
Posted on 11/14/16 at 10:52 am to
quote:

Technically, they are supposed to cut off anyone they suspect of having too many.






That's much different than this.

Someone could have 2 drinks and be over the legal driving limit, yet seem totally fine.

That shouldn't be on the bartender IMO.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81631 posts
Posted on 11/14/16 at 10:52 am to
quote:

bars in Louisiana


quote:

In Louisiana, the consumption of alcohol is considered the cause of any
injury – not the state or service of alcohol. No licensee, employee or social
host is held liable for damages caused by an intoxicated guest who is 21
years old or older. However, any person who causes or contributes to
forcing someone one to consume alcohol, or falsely represents that a
beverage is non-alcoholic, is fully liable.
Posted by CAD703X
Liberty Island
Member since Jul 2008
78081 posts
Posted on 11/14/16 at 10:52 am to
Why would anyone own a bar?
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
65962 posts
Posted on 11/14/16 at 10:52 am to
personal responsibility does not exist in this country.
Posted by Ash Williams
South of i-10
Member since May 2009
18146 posts
Posted on 11/14/16 at 10:52 am to
quote:

if anything go after the bartenders serving the man that night.


im sure they did go after him as well but if there arent repercussions for the employer as well, then there is no reason for the employer to rein in their employees when it comes to these violations

Posted by King Teal
The Last Banana Republic
Member since Sep 2016
988 posts
Posted on 11/14/16 at 10:53 am to
Hell yea, make that money trial lawyer brethren!

Posted by dabigfella
Member since Mar 2016
6687 posts
Posted on 11/14/16 at 10:54 am to
ash, but do you agree one could be fine at the bar and then the alcohol hits him a while later? I know it happens to me all the time when I have too much to drink and don't realize it till later. Im just saying why is the bar responsible whether the man drives or ubers home. So you can get shitefaced all you want and uber home and its no issue right?
Posted by The Ostrich
Member since May 2009
2542 posts
Posted on 11/14/16 at 10:54 am to
quote:

The problem with this and you know it is alcohol hits you later. You can sit at a bar and take 6 vodka shots and be fine and leave and 30 minutes later get in a wreck bc you suddenly get the effect

No one takes 6 shots of vodka then walks out the bar directly after throwing the last one back
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
101919 posts
Posted on 11/14/16 at 10:54 am to
quote:

Technically, they are supposed to cut off anyone they suspect of having too many.


Yeah, but what if this dude is sitting at a table and his friend keeps coming up and buying pitchers or shots. The bartenders might not have even directly interacted with this customer.

Just in theory, I have no idea, although it would likely all be on camera.
Posted by Ash Williams
South of i-10
Member since May 2009
18146 posts
Posted on 11/14/16 at 10:54 am to
quote:

The problem with this and you know it is alcohol hits you later. You can sit at a bar and take 6 vodka shots and be fine and leave and 30 minutes later get in a wreck bc you suddenly get the effect.



agreed, but if you read the article it says the people had been there for 6 hours and consumed large quantities of alcohol


Posted by Ash Williams
South of i-10
Member since May 2009
18146 posts
Posted on 11/14/16 at 10:55 am to
quote:

ash, but do you agree one could be fine at the bar and then the alcohol hits him a while later? I know it happens to me all the time when I have too much to drink and don't realize it till later. Im just saying why is the bar responsible whether the man drives or ubers home. So you can get shitefaced all you want and uber home and its no issue right?




absolutely

but the article said they had been drinking for over 6 hours, so that argument clearly wasnt there for the bar to make
Posted by Topwater Trout
Red Stick
Member since Oct 2010
67590 posts
Posted on 11/14/16 at 10:55 am to
quote:

how is the bar liable for the negligent actions of a bartender


aren't they liable for negligent actions of bouncers? I disagree with the bar being held responsible
Posted by adamb2151
Houston, Texas
Member since Jun 2013
6586 posts
Posted on 11/14/16 at 10:56 am to
So bars are supposed to cut off anyone who is drunk and possibly over the legal limit? Ridiculous. Everything is someone else's fault nowadays. Sickening.
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