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Message
re: Texas Bar To Pay $3M Bc Drunk Patron Killed 3 In Wreck
Posted on 11/14/16 at 10:56 am to dabigfella
Posted on 11/14/16 at 10:56 am to dabigfella
How have you never heard of dram shop laws?
0
Posted on 11/14/16 at 10:57 am to LSUBoo
quote:
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.
Which im sure was taken into consideration
the bar could easily raise the defense "well, we didnt know that the alcohol we were selling was going to those drunks in the corner"
i guarantee that defense was not available to them or they wouldnt have settled for 3 million
Posted on 11/14/16 at 10:57 am to Ash Williams
correct he was there for 6 hours, but who says he bought every drink? Who says it was the same bartender? I agree if it was 1 bartender giving the guy 20 drinks, sue the bartender but over 6 hours he probably bought drinks from different bartenders and/ or possibly had his friend, who was in the car with him, approach the bar to buy drinks.
I just think its ridiculous that people died, but its even more ridiculous that these guys could have gotten just as wasted, but if they uber'd home nothing would have happened. This is all on the drunken idiot, the bar should not be responsible imo and the bartender should be the one, but obviously they have no assets to go after.
I just think its ridiculous that people died, but its even more ridiculous that these guys could have gotten just as wasted, but if they uber'd home nothing would have happened. This is all on the drunken idiot, the bar should not be responsible imo and the bartender should be the one, but obviously they have no assets to go after.
Posted on 11/14/16 at 11:00 am to dabigfella
what about other shite that alcohol leads too? like all the rape cases of someone being passed out or someone destroying private property?, can the bar be held responsible for something like that?
Posted on 11/14/16 at 11:00 am to adamb2151
quote:
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.
Agreed.
What's next? Should bar tenders drug test people to make sure they aren't mixing alcohol and pills?
Take some personal responsibility.
Posted on 11/14/16 at 11:01 am to The Ostrich
I have no idea, but probably, Im telling you I was sued for a guy deciding it was raining too hard to drive so he pulled into a store I owned, parked under a tree then that same storm, caused by god, not me, blew a tree over onto his car and triggered him. The court thank god agreed that I was not responsible after wasting time and money to defend myself. You can sue for anything here.
This post was edited on 11/14/16 at 11:02 am
Posted on 11/14/16 at 11:02 am to dabigfella
quote:
correct he was there for 6 hours, but who says he bought every drink? Who says it was the same bartender? I agree if it was 1 bartender giving the guy 20 drinks, sue the bartender but over 6 hours he probably bought drinks from different bartenders and/ or possibly had his friend, who was in the car with him, approach the bar to buy drinks.
see above posts
lawyers dont just say "oh sure, here's 3 million bucks"
I guarantee they hashed these things out, especially since the key is "obviously intoxicated to the extent that he presented a clear danger to himself and others"
so it wouldve had to have been the same couple bartenders serving these people during that 6 hour period and they would have to have appeared so intoxicated that they were clearly a danger to others
a few defenses couldve been:
- they were served by different bartenders so it wasnt clear how much they had drank
- they didnt appear overly intoxicated so it wasnt clear they were a danger to others
- there were hundreds of people at the bar, so we couldnt be expected to notice their level of intoxication
I guarantee all these defenses and more were considered by the defense team and they clearly thought the bar could not have overcome their negligence so they opted for the 3 million bucks
my point: the bartender/staff must've been very aware of these people's level of intoxication for this settlement to have been agreed to, so much so that they feared a TEXAS jusry wouldve given the plaintiff MORE than 3 million
This post was edited on 11/14/16 at 2:20 pm
Posted on 11/14/16 at 11:04 am to dabigfella
quote:
I have no idea, but probably, Im telling you I was sued for a guy deciding it was raining too hard to drive so he pulled into a store I owned, parked under a tree then that same storm, caused by god, not me, blew a tree over onto his car and triggered him. The court thank god agreed that I was not responsible after wasting time and money to defend myself. You can sue for anything here.
file a counter-suit for trespassing
Posted on 11/14/16 at 11:10 am to adamb2151
quote:
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.
Yep. Ridiculous. Bars that cut people off are bars that close pretty soon.
Especially sports bars. All events at a sports bar occupy 3 hours for the most part. The quoted law states obviously drunk. That's all visual and up for interpretation. If a guy is parked alone on a corner of the bar for 5 hours and can't talk or barely walk, that's one thing. But what about a packed bar? How can a bartender or waitress keep track? What if the guy is with a group? People walk up and buy rounds for others. Is the bartender supposed to walk up and check the 3 other people you bought a pint for?
Posted on 11/14/16 at 11:12 am to dabigfella
That's what people don't get. You may not be responsible, but you will still have to defend yourself.
Posted on 11/14/16 at 11:58 am to dabigfella
I think it's bullshite that the charges got dismissed against this POS.
Posted on 11/14/16 at 12:50 pm to adamb2151
quote:
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.
Bars don't have to do anything, but they can be held liable if something occurs after the patron leaves. It isn't like this bar had this responsibility sprung on them - they knew the rules when they opened the doors.
Posted on 11/14/16 at 12:53 pm to MorbidTheClown
quote:
personal responsibility does not exist in Texas.
FIFY.
This shite doesn't happen in Louisiana because we protect the honorable barkeepers who keep us sane.
In Dallas a strip club had to pay $10.5MM to a girl's family because a patron ran her over with his oilfield-baw-F250 on 44's. LINK
I don't know the first thing about business insurance or if it's even possible to get coverage for this sort of "negligence", but running a bar in Texas would either be really expensive or really stressful.
This post was edited on 11/14/16 at 12:59 pm
Posted on 11/14/16 at 12:55 pm to GaryMyMan
I wasn't just referring to this situation. But in EVERY situation. It's always someone else's fault.
This post was edited on 11/14/16 at 12:56 pm
Posted on 11/14/16 at 12:57 pm to MorbidTheClown
quote:
I wasn't just referring to this situation. But in EVERY situation. It's always someone else's fault.
Sometimes others actually share in the blame to some extent. These attorneys believe they share in approximately $3MM worth of blame.
Posted on 11/14/16 at 12:59 pm to dabigfella
If the bar is liable then so is the police department for not stopping this guy from driving while intoxicated.
Posted on 11/14/16 at 12:59 pm to slackster
so, you make the choice to get shitfaced and drive and it's the bar's fault?
Posted on 11/14/16 at 1:00 pm to slackster
Every law suit is malicious and unnecessary to the OT.
Posted on 11/14/16 at 1:02 pm to NIH
This one certainly is
Posted on 11/14/16 at 1:03 pm to MorbidTheClown
quote:
so, you make the choice to get shitfaced and drive and it's the bar's fault?
No, it's your fault primarily. The bar may be culpable when they're serving you alcohol for 6 hours though.
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