My first night on the job the restuarant was packed, i was almost done with my 9 hr shift...we mostly serve beer and liquor, and alittle bit of food. 3 girls walk in and order a pitcher of beer ( for 2) and another orders a mixed drink. Ten minutes later, they pay their bill with me and go to another part of the bar. I never see them again. They left within the hour because we closed. Now I find out one of them had a serious car accident. My new job tells me about it and makes it like it's my fault. The girl hadnt had any to drink before she got there...she told me she just got off work. Do you guys think I am legally resposible for 10 minutes of alcohol service? Ive been in the business for 12 yrs and would have never served her if she was drunk!
2006-12-30 06:15:14 · 8 answers · asked by stacey j 2 in Politics & Government ➔ Law & Ethics
No way. There has to be some accountability somewhere. This country is all to fond of finding someone else to blame for our own mistakes or shortcomings. That girl is responsible for her own actions. You never told her nor encouraged her to drink alcohol, let alone get behind the wheel of a car. She had no business doing that to begin with. She planned before she even got there to drink and drive. Otherwise she would have made arrangements for a ride home. Secondly, you are not the owner of that bar. The owner of that bar holds more responsibility than you do. I am so tired of hearing about how people go to a bar/resturaunt intending to drink and drive and then blame others for their decisions. Alcoholics are one thing, maybe they can't control their need to drink. But they don't have to drive after drinking. Nobody has the right to do that and those who do deserve the consequences that come with that. They are selfish people who are only thinking of themselves when they get behind the wheel. They will be the first ones saying how sorry they are when they take out someone's family after the accident. But that was no accident to begin with.
2006-12-30 06:30:21 · answer #1 · answered by Goddess 4 · 0⤊ 0⤋
Most insurance companies automatically look to the "last service" as the one at fault if someone leaves that establishment and causes an accident due to DUI. Technically, knowing what I know from what I do for a living, yes, you're responsible in the eyes of the laws of most states and the insurance companies. Most state statutes do say, however, serving someone OBVIOUSLY INTOXICATED.
Now, before you get upset, here's what you can do to help yourself.... while it's fresh in your mind, ID as many people as you can who were there and saw the condition she was in before leaving the bar. Write down as many details as you can remember. Did she smell like booze? Was she staggering? Did she mention driving there? Were her friends making jokes about someone having to stay sober to drive?
If you can cover yourself with facts, ultimately you will be off the hook. The bar's attorney should be able to retrieve her work records to verify she just got off work. Plus her driving records to show if she had any previous incidents.
And does her toxicology screen show a low BAT level? If that's like .08, I can't see how anyone could hold you responsible for her being "drunk" when she was served. She wouldn't have looked obviously intoxicated to anyone. Good luck!
2006-12-30 14:24:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Do they have proof she was drunk? People that haven't been drinking have car accidents too. Secondly, after you served her they went to another part of the bar, maybe they had more to drink there? If I were you, I'd ask a lawyer for a free consultation.
2006-12-30 14:18:27 · answer #3 · answered by mstrywmn 7 · 0⤊ 0⤋
Seems to me it's not your fault if you were following instructions the employer left -- it's their fault. sounds kind of wacky blaming you, you are only an employee. It's the establishment's responsibility not yours. You don't make policy.
(I could go on but seems like I'm repeating myself)
2006-12-30 14:21:57 · answer #4 · answered by chante 6 · 0⤊ 0⤋
It's her responsibility if she was the one driving. If she didn't seem drunk to you before you served her, she probably wasn't.
2006-12-30 14:21:04 · answer #5 · answered by Iris 4 · 0⤊ 0⤋
no way are you responsible for her, she was an adult and its unfortunate that she was injured in the accident, but people have got to be responsible for there own actions, you didn't force her mouth open and pour the drink in....did you!!
2006-12-30 14:19:31 · answer #6 · answered by jesse 2 · 0⤊ 0⤋
No - but as it was your first night on the job - my money's on the fact that they'll pin it on you.
2006-12-30 14:18:08 · answer #7 · answered by 34th B.G. - USAAF 7 · 0⤊ 0⤋
It doesn't sound like you did anything wrong.
2006-12-30 14:18:47 · answer #8 · answered by DB 3 · 0⤊ 0⤋