obviously intoxicated person even more, and that person goes out to drive and kill someone?
As far as civil liability, shouldn't part of the reasonable person standard be asking whether the person is driving, and if an affirmative answer is received, to serve under no circumstances?
2007-01-26 02:35:35 · 12 answers · asked by Philip Kiriakis 5 in Politics & Government ➔ Law & Ethics
it differs in different states and commonwealths.. in va the bartender can not be held liable but the bar owner can as he employed the bartender. The bar owner would most likely be given a heafty ABC fine and have his ABC licence revoked (liquer licence in VA), the bar owner could be held liable for manslaughter but reckless endangerment is most likely and he would brob get anywhere from probation up to 10 yrs with a max of life for the manslaughter charges
In VA ABC law states you are ALLOWED to refuse to serve anyone who appears to be intoxicated not you have to. I know when i have gone out drinking however that the bartender where i normally go adomatically takes my keys as well as everyone elses and will offer to pay for a cab if anyone is to drunk to drive but that is NOT his legal responsability.
In answer to your civil liability question, It would be wrong to refuse to serve someone who is of legal age just because they are driving as well, I am not talking about someone who is already drunk I am talkig about someone who wants a beer or wine with dinner as most people dont go overboard or even get drunk from having a glass of wine with dinner.
2007-01-26 02:44:48 · answer #1 · answered by crystal 4 · 2⤊ 0⤋
If the bartender serves a drunk person any more alcohol and that drunk person gets into an accident, the bartender is responsible and could face jail time, and not only that, the place where the alcohol was sold could lose their liquor license. Many many fines can be handed out. A bartender can ask the person if they are driving but that person can very well lie to them. Not worth the risk.
2007-01-26 02:44:42 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Ha! this is a robust one. the version is, even although the less than the impact of alcohol individual is going to pass away in a cab, the bartender has no concept whether or no longer he will then pass away the cab and rigidity a automobile. additionally, the less than the impact of alcohol individual might desire to fall interior the parking zone and sue the bartender for serving him yet another drink. The obese individual isn't a danger to others, till he falls on somebody. even though it is an exciting concept. If it occurred, of direction, the eating place would be sued by ability of the obese individual for discrimination. all of it comes down on the thank you to avert a lawsuit.
2016-11-01 08:28:45 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I know in California it's a MAJOR offense to serve an already intoxicated person.
Even somebody who hosts a party at their house and allows an intoxicated guest to drive afterwards can be liable as well.
2007-01-26 02:45:43 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Laws vary from state to state. For more information research Dram Shop laws in your state. They address the liability of the bar and in some cases the individual server.
Fines can also be levied by the state's regulatory agency if permitted and there is also the potential for criminal culpability.
2007-01-26 02:48:00 · answer #5 · answered by C B 6 · 1⤊ 0⤋
Courts have held bartenders, bar owners, and even people who paid for the alcohol, if it was not the driver, accountable for the actions of a drunk driver in civil cases. Be careful who you serve.
2007-01-26 02:45:05 · answer #6 · answered by Anonymous · 2⤊ 0⤋
I know that the bartender can get into trouble, but do not remember the extent of the trouble. I think the law is different depending on what state you are in too.
2007-01-26 02:49:54 · answer #7 · answered by blu_drgn25 4 · 0⤊ 0⤋
in my opinion nothing should happen to the bartender.. they're not being paid to babysit.. they're just filling an order.. if the drunk driver was grabbing drinks from the fridge at home nobody would be telling him/her to quit drinking.. I don't see a difference.. people need to take responsibility for their own actions and quit trying to blame someone else..
2007-01-26 02:44:25 · answer #8 · answered by Byakuya 7 · 1⤊ 2⤋
i think noting but most bartenders will cut you off after they beleive you are too drunk and as far as any liability once they leave the bar im pretty sure that there is none
2007-01-26 02:41:55 · answer #9 · answered by Robert B 4 · 1⤊ 1⤋
In America you can sue anybody for anything. That's why we have more Lawyers than the rest of the world combined.
2007-01-26 02:40:33 · answer #10 · answered by Adi 2 · 2⤊ 0⤋