I need to know the case names that have to with Bartenders being liable for drunk drivers and their safety or any negligence in these regards, the most recents rulings and past. I know about "Ontiveros v. Borak" but I need some more or they can be State Supreme court tulings but name the state please!
2007-11-15 16:46:56 · 4 answers · asked by Nina 3 in Politics & Government ➔ Law & Ethics
Ontiveros Vs. Borak was a case in Arizona 1983 and it went up to the State Supreme Court and the court upheld that "We conclude, therefore, that those who furnish liquor have an obligation or duty to exercise care for the protection of others... " ...But my question is whether this becomes a state issue and what are some recent cases regarding a bartenders negligence and drunk person? IN any states..California is the state I live in but anything would be great! I know there are some other cases out there but I can't seem to find them! And I need cases and rulings!
2007-11-15 17:15:48 · update #1
CALIFORNIA IS MY HOME STATE
2007-11-15 17:19:17 · update #2
California is one of the few States where the law specifically prevents bartenders from being held liable for civil damages caused by people they sell booze to.
25602.
(b) No person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage pursuant to subdivision (a) of this section shall be civilly liable to any injured person or the estate of such person for injuries inflicted on that person as a result of intoxication by the consumer of such alcoholic beverage.
Richard
2007-11-15 17:54:54 · answer #1 · answered by rickinnocal 7 · 0⤊ 0⤋
With some minor exceptions, issues of liability for negligence are matters of state law. As such, there will be no U.S. Supreme Court cases dealing with what would make a bartender liable for drunk drivers.
As noted in other answers, most states have laws and cases dealing with this issue. However, those laws and cases are specific to that state and have little, if any, influence in other states.
There are several publicly available websites (like findlaw or Cornell's Institute for Legal Information) that you can use to search your state's laws and cases. I would suggest using either "dram shop" or negligence and alcohol or drunk as search terms.
2007-11-15 18:07:39 · answer #2 · answered by Tmess2 7 · 1⤊ 0⤋
The State you live in has the right to put their own laws upon us , so The Surpreme Law is up for grabs here , Only if that person ( bartender has a argument ? or the drunk has one , Its often ruled by the States and city codes ,, See their are so many laws that will make your head spin ,,
So only Rare cases go to a higher court ,, Its really up to the district where you live , and their laws , Unless like I said the bartender or the drunk has enough proof and TONS of money , to fight the the city and state laws first , then if they are not happy,, then they go to a higher court ,,
So tell us more about what happened ? O.K.
2007-11-15 17:04:34 · answer #3 · answered by luv them horse's 6 · 0⤊ 0⤋
How can anyone help you without knowing what state you're in?
They are called "dram shop" cases. Google dram shop cases and the name of your state to see what pops up.
On top of that, check dram shop laws for the state you're in.
2007-11-15 17:17:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋