I'm having a debate with a friend-
If a person gets drunk at a bar and the bar allows them to leave intoxicated and drive themself home and that person runs into someone else's car and kils them- can the victim's family sue the bar for allowing the drunk to drive away?
2006-12-11 00:04:59 · 11 answers · asked by Jennifer F 6 in Politics & Government ➔ Law & Ethics
Depends on the state, but so-called "dram shop laws" impose liability on bars that serve too much alcohol to patrons who then negligently harm others while drunk.
2006-12-11 00:39:59 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Unfortunately yes. In some places there are laws to how much a bar can serve a person. And if they go over that they can be in trouble. But I've always wondered how that can work due to the fact alcohol affects everyone differently. But of course in the wonderful United States nowadays you can sue anyone for anything...even if it is their own fault...and win big bucks.
2006-12-11 08:59:36 · answer #2 · answered by Saphira 3 · 0⤊ 0⤋
My parents owned a bar, and the answer is yes, we were sued. In our case, our bar wasn't even open that day, but the victim sued every alcohol-related business in town so as to not possibly miss someone. Ironically, the drunk's (who died in the crash too) family also sued in the same way.
2006-12-11 08:28:26 · answer #3 · answered by kingstubborn 6 · 0⤊ 0⤋
I think that there are laws that regulate that. Bars do have some responsilbility as to how much a partucular person could drink. So yes, the victim family can sue the bar.
2006-12-11 08:09:22 · answer #4 · answered by Zabanya 6 · 0⤊ 0⤋
I wish I could tell you the case names, but I can't think of them off hand. There have been such cases in PA and other states where a drunk driver has caused an accident and the inured party has sued the bar for negligence
2006-12-11 08:09:08 · answer #5 · answered by Lauren 4 · 0⤊ 0⤋
No it is not the bars fault for the persons lack of judgment. The bar didn't put him in the car and the bar didn't 'let him drive home'. It was the drunk drivers fault. Not the beers fault it didnt force its way into his throat, and its not the bars fault for serving him.
2006-12-11 08:10:02 · answer #6 · answered by Amanda 3 · 0⤊ 0⤋
Look into the "dram shop" laws in your state to advise you in how to proceed. The best answer though it to seek the advice of an attorney who deals with these types of cases. If you are the victim's family, you would want to speak with an attorney as soon as possible due to the statute of limitations on certain charges in each state.
An internet search will give you a list of attorneys practicing this type of law in your area.
2006-12-11 10:21:06 · answer #7 · answered by tinafrawley06 2 · 0⤊ 0⤋
I believe they are legally required to ask the drunkard if they want to have a cab called for them. If they don't, then there's no way you can force them not to drive away. If they do, then the bartender calls a cab, no problem. That's what I've been told before anyway.
2006-12-11 08:14:22 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It depends on the city/state that you live and where the accident happened but I believe you can.
2006-12-11 08:09:44 · answer #9 · answered by ocsutton 2 · 0⤊ 0⤋
yes
2006-12-11 08:21:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋