Does an intoxicated driver have a cause of action under Missouri law against a tavern owner if the intoxicated driver, after being served alcohol by the tavern owner or employee who knew or should have known that the driver was intoxicated, is involved in an automobile accident in which only the intoxicated driver himself is injured?
2007-12-11 04:42:35 · 8 answers · asked by Kelly G 1 in Politics & Government ➔ Law & Ethics
The drunk driver probably doesn't have a cause of action, but, depending on what the state dram shop laws say, a person who is hit by the drunk driver might have causes of action against both the drunk driver and the server of the alcohol.
2007-12-11 07:23:40 · answer #1 · answered by reallypablo 6 · 1⤊ 0⤋
Man, I hope not. The tavern owner did not "let" the person drive. They are pretty much unable to prevent someone from driving.
People that try this "it can't be my fault, they let me" should be treated like the children they profess to be. If the tavern owner is responsible, it means the driver is not. As such, the driver should lose the privilege to drive, to drink, consent to sex, get married or do any other thing that requires that a person be an adult. They are admitting they are unable to think for themselves.
2007-12-11 04:46:59 · answer #2 · answered by davidmi711 7 · 3⤊ 0⤋
NO NO NO People need to grow up and start taking responsibility for their own stupidity! The frivolous lawsuits in this country have gotten wayyy out of hand.
2007-12-11 04:56:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would certainly hope not. The bar owner is there for one thing only..make money. He is not a babysitter for an adult who does not know or refused to put forth self control. NO they should not be liable for a drunk who doesnt know when to say enough for me. if you drink yourself into a drunken stupor and get behind the wheel, you are responsible for yourself.
2007-12-11 04:47:48 · answer #4 · answered by ABC 3 · 2⤊ 0⤋
In AZ they can sue but I don't know if this varies from state to state. To add insult to injury, the customer can seek legal repercussions BUT the bartender is not allowed to take the person's keys, only to cut them off. I find it ridiculous.
2007-12-11 04:52:18 · answer #5 · answered by Magpie 5 · 0⤊ 0⤋
I hope not. It is the drinkers responsibility to know when to quit drinking. The bartender isn't his mother....
He needs to take responsibility for his own action. "The Devil Made Me Do It" is not a legal defense.
2007-12-11 05:16:56 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Since when is it someone else's fault for the decisions I or you make for that matter.
If someone is not adult enough to take responsibility for their actions but want to blame someone else- put them in diapers where they belong.
2007-12-11 04:57:25 · answer #7 · answered by tnfarmgirl 6 · 0⤊ 0⤋
"I drove home drunk the other night. I hurt some people and broke some stuff. Can I blame it on the bar?"
2007-12-11 04:49:14 · answer #8 · answered by Tim 6 · 3⤊ 0⤋