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re: Where do you stand on bartenders being responsible for their patrons?

Posted on 12/20/18 at 10:53 am to
Posted by whoisnickdoobs
Lafayette
Member since Apr 2012
9352 posts
Posted on 12/20/18 at 10:53 am to
How do they know he didn't go anywhere else and drink more after he left the bar? Maybe he had alcohol in his car that he drank before he left. I do think bartenders should cut people off once they get belligerent but people get in wrecks all the time after leaving a bar. How do you draw the line from someone being just a little drunk and killing someone and someone being completely shitfaced. Maybe he told the bartenders he was taking an uber. Who knows. Bartenders shouldn't be held responsible.

That being said, the fact that he's underage kind of changes things. Unless he had a fake ID they should probably face a little jail time.
Posted by slackster
Houston
Member since Mar 2009
85489 posts
Posted on 12/20/18 at 10:57 am to
quote:

Teare says more than six hours, no one ever asked Hernandez for his ID and even took shots with him


That's pretty bad.
Posted by Triple Bogey
19th Green
Member since May 2017
6036 posts
Posted on 12/20/18 at 10:59 am to
My father-in-law didn't want an open bar at my wedding because of the liability aspect. I thought it was bullshite and paid for it myself, but I guess its a real thing.

Edit: Just looked up Louisiana and they don't have any form of dram shop law.
This post was edited on 12/20/18 at 11:03 am
Posted by fillmoregandt
OTM
Member since Nov 2009
14368 posts
Posted on 12/20/18 at 10:59 am to
Then the McDonald’s drive thru should not serve fatties, or else they’ll be responsible for over serving if/when the fattie has a heart attack


“They should have known he was at risk of having a heart attack by looking at him”
This post was edited on 12/20/18 at 11:02 am
Posted by SoFla Tideroller
South Florida
Member since Apr 2010
30526 posts
Posted on 12/20/18 at 11:04 am to
Hell, while we’re at it, let’s arrest and blame the car salesman who sold the vehicle, too.
Posted by HerkFlyer
Auburn, AL
Member since Jan 2018
3012 posts
Posted on 12/20/18 at 11:07 am to
My wife(no pics) is an insurance underwriter. Listening to her talk about liquor liability is infuriating. In some cases the person might have started the night with a beer at a restaurant then went barhopping and got blitzed before causing an accident that maims/kills someone. Guess who is partially liable? Blows my fricking mind.
Posted by DeafJam73
Baton Rouge
Member since Sep 2010
18670 posts
Posted on 12/20/18 at 11:08 am to
I think bartenders should cut someone off who is blatantly obliderated, but the fault lies with the patron. No one is forcing you to be there and drink yourself into oblivion. Be an adult and drink responsibly.
Posted by Jp1LSU
Fiji
Member since Oct 2005
2542 posts
Posted on 12/20/18 at 11:11 am to
Ive always thought that was a difficult line. I know many of people who can be a complete mess, but pull it together just long enough to walk a few steps up to the bar and order a drink in a coherent manner. It’s essy to pass for a few minutes. It’s not like the decision to serve someone or not gives you a long sample time. It’s a quick decision.
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
45765 posts
Posted on 12/20/18 at 11:11 am to
No way a bartender, bar or restaurant should be charged in this. The guy left the bar, got in his car and drove. He's the one responsible for that.

Posted by Displaced
Member since Dec 2011
32738 posts
Posted on 12/20/18 at 11:13 am to
Bartender response: "he told me he was going to call an Uber."

End of case?
Posted by wildtigercat93
Member since Jul 2011
112489 posts
Posted on 12/20/18 at 11:13 am to
100 percent responsibility on the patron. Should be anyway.

Absurd to ask that much out of a bartender.
Posted by deltaland
Member since Mar 2011
91226 posts
Posted on 12/20/18 at 11:27 am to
It’s not the bartenders fault.

It’s the personal responsibility of the drinker to either drink responsibly or to have a ride home. He and he alone chose to drive
Posted by cas4t
Member since Jan 2010
70986 posts
Posted on 12/20/18 at 11:29 am to
As someone who worked in the industry in college, it's obvious when someone has had too much. I never felt good about serving someone who I was worried would drive home. Had some tough conversations with my patrons, usually involving a "go get your manager" which certainly didn't help their case.

People should just be smarter and not get plastered and drive. But as a bartender, you are the one serving them as well...

quote:

This guy was also 19. Not sure if he had a fake ID. If not, then they are f’ed.



ABC license teaches you how to spot a fake, so whether he had one or not, bartender and establishment are still fricked.
Posted by Brettesaurus Rex
Baton Rouge
Member since Dec 2009
38259 posts
Posted on 12/20/18 at 11:31 am to
This is how drink limits at bars start happening to avoid suits.

But how in the world could anyone fault the bartender? Responsibility for your actions is your own.
Posted by Pelican fan99
Lafayette, Louisiana
Member since Jun 2013
35107 posts
Posted on 12/20/18 at 11:34 am to
That’s absolute bullshite. In no way is that the bars responsibility
Posted by MountainTiger
The foot of Mt. Belzoni
Member since Dec 2008
14680 posts
Posted on 12/20/18 at 11:34 am to
I'm also in the personal accountability camp. If you frick up, guess what? It's not somebody else's fault.

Several years ago, the home brew club I'm in volunteered to pour beer at a beer festival here in town. Some breweries only send beer, not people, to these things so they need volunteers to pour for them. We had to take a class on how not to over serve and what to do if a guy was clearly shitfaced. After the fest, word came down that one of the volunteer servers who was not in our club got hit with a $500 fine for over serving somebody. After that we said frick it. Pour your own beer.
Posted by nikki6
New Orleans
Member since Jul 2011
1967 posts
Posted on 12/20/18 at 11:39 am to
A friend had to deal with this bullshite back in the early 2000's. He owned a bar and 3 frat bros were drinking on the night before Thanksgiving. They started off at his place, had a few drinks and went on to other bars throughout the night. Think Parkway or Par 4's was the last bar they were at before they drove home at like 4am and got in a wreck on I-10 killing 2 of the guys and paralysing the other.

My friend that owned the first bar they were at got sued by the parents. Didn't matter that it was about 7pm when they were there and only had a couple of drinks, his insurance settled. Some huge BS imo
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30858 posts
Posted on 12/20/18 at 11:44 am to
do we hold pharmacists and doctors responsible for opiod deaths?
Posted by piratedude
baton rouge
Member since Oct 2009
2521 posts
Posted on 12/20/18 at 11:54 am to
dram shop laws vary. if i recall, louisiana has no bartender liability, unless the patron was underaged. if they serve underaged patrons, the bartender is liable to whomever the drunk hurts.
Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 12/20/18 at 12:15 pm to
No one is responsible for you other than you. To charge bartenders when something like this happens or charging a drug dealer for someone ODing is completely ignorant but par for the course these days. No one is responsible for their own decisions anymore
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