If my father dies in an accident while intoxicated can I sue the bar?

Question

My father drinks in the same bar every night, stumbles to the car and then drives home, no amount of begging will make him stop, my next step is to go to the bar owner and threaten them that I will sue them should be in an accident and die...is this legal to sue in the state of PA? (I know will just go to the next bar but it might stop it for a while) please don't give me answers about how me needs to be in AA I KNOW this or i would not be asking the question...Thanks

Answer 1

The sad reality of the situation is, it depends on the state in which you live. In Michigan, the bar/bar tender can be held responsible. This is another one of those gross perversions, where we fail to acknowledge that he knowing and willingly drove to or stopped off at the bar and had a drink. He knew/knows he will have to still go home at the end of his evening. This ability to sue the bar then completely negates any amount of personal responsibility.
Instead of suing the business owner, why not look at utlizing the Baker Act and have him committed? It sounds as though his decision making process is flawed and you are desparate.

Answer 2

In some States, there are laws that says, if a person is, or appears to be intoxicated, the bar cannot continue to serve alcohols. You will have to contact the state attorney's office to find out exactly what the law states in your state.

Having said that, since your father is an adult, and there are more than one bar, and "appar intoxicated" is subjective at best, you will have hard time actually making this stick. Certainly, he came into the bar fully aware and sober knowing what is right and wrong. He is actually choosign to do this. He also didn't have to drive home. The primary responsibility does rest with him. No, it won't stop him for even a moment. He will just go to the next bar.

The long story short, there IS nothing you or anyone can do about this, if he doesn't want to change. You will be amazed how far alcoholic will go to get his/her drink. No body can change anybody when he/she doesn't want to. THAT is the bottom line.

The KEY is, convicining him that HE want to change. That may take some drastic actions, such as him getting arrested and being threatened of losing custedy of his child.

Answer 3

Legally, if the bar continues to serve your father to the point of intoxication, and then allows him to leave and get into his vehicle and drive, they are liable for him. They can get sued.

I have seen this happen in numerous cases in the state of WI. Bars are really careful now, and if you appear to be drunk, they will cut you off from alcohol, as well as call you a cab - free of charge.

I say go to the bar owner, but first visit a lawyer and make sure that is something legal in your state. And it would have more effect if a lawyer wrote a letter stating your intentions of legal action if your father's life is continually placed in harms way. But another thing you could do is notify the police of your father's activities, and alert them when he has left for the bar, and what bar he is at. Sometimes, rock bottom is the only way to start the climb back up. Your father may need something like police arrest to stop him from doing such harm, as well as risking the lives of others on the road with him. He is being selfish - maybe you need to call him out on it by calling in the police.

Answer 4

Personally I believe that your father is fully at fault not the bar owner, further more I wish that any one that get in a car while intoxicated, when caught would be charged with attempted murder, for those they might have killed and if they are involved in a wreck they should be charged with 1st degree murder if they do kill some one else. We are taught over and over again not to drink and drive so there is no excuse. I strongly believe that if we start throwing violators in prison with long sentences, then maybe this problem will decrease if not vanish altogether.

Answer 5

It's hard to do but not impossible. All the responsibility can't be put on the bar, as the person drinking has to bear some responsibility for his own actions. And you as family, knowing what is going on have to accept some too. Take his keys, hide his car, arrange to pick him up. Call the police and turn him in when you know he's driving. anything it takes.

Answer 6

Your father will just find a new bar. You have answered the question yourself.

Alcoholics stop drinking when they want to or when they die, from whatever cause.

Tough love might work, Cut him off from your baby. Cut him off from yourself. It has to get real bad for him and you cannot allow him to drink in your home nor go to his. Caving to his drinking is just encouragement. Again, the very best you can do is adopt a zero tolerance policy and stick to it. So just how bad do you want him to get the message without using words.

Answer 7

I thought it was common bartender ethic to stop serving you when you are intoxicated. Call the police in your area. Tell them the bar serves intoxicated patrons. Your dad WILL hurt someone soon. Good for you being proactive about this. That and call whoever licenses bars in your state.

Answer 8

Senator Kennedy's marriage to his first spouse Joan resulted in divorce. After that, he became into considered bumming around in bars and evening golf equipment for countless years, till his kinfolk staged an intervention and insisted that he straighten up. His 2nd spouse Victoria became into able to maintain him extremely sober and on the suitable track morally. He extremely did turn his life around in later years, and earned appreciate from fellow senators and human beings in political life. yet not all the tributes that are happening now are extremely honest. I think of there are extremely some sighs of relief.

Answer 9

You can go to the bar owner and threaten him but what good is that going to do? First of all you will upset your father and second like you said he will just find somewhere else to drink. Take it from someone who took care of an alcoholic father for years. It doesn't get any better. After my mom died my dad tried to drink himself to death and when that didn't work he killed himself after being arrested for DWI. He doesn't need AA he needs in patient treatment first. Good luck to you

Answer 10

Instead of waiting - call the cops. I know it sounds rotten to turn your dad in - but it's better than having him (and probably other people ) DEAD !

Seriously - turn him in to the cops. If he goes to jail, loses his license etc. There's a chance you'll still have a dad, at the end of all that.

Do whatever it takes to keep your dad alive. Stand outside the pub & call 911 when he comes out, if that's what it takes.