Who's responsible for for the drunk?

[nobbie48]

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Maybe we could reclassify bars and homes as a closed circuit course (ex: race tracks) and have waivers signed upon entry. No direct liability to the provider of the event. Risk and responsibility to fall solely on Patron using facility, and there afterwards. Ya thats the answer lol

That works if one is on bar property when the damage is done, not unlike the track. However one usually has to cross public property leaving the bar and people on that property haven't signed any waivers nor should they be exposed to risks.
One unique thing about DWI is that unlike speeding, careless or dangerous driving, the drunk can't instantly be made into a safe driver with a lecture, threat of punishment or ticket.

 

[nobbie48]

The natural consequence of your opinion is that the 3rd party gets screwed. And by the way you haven't responded at all to it. I am sure you haven't managed to reconcile those points.

The way I see it is if the bar is 20% to blame and the drunk 80% to blame, the victim gets 100% of the settlement. If the drunk doesn't have any money the bar pays the 100% and then can sue the drunk for the 80%. Collecting a debt is part of every business.

 

[fastar1]

The way I see it is if the bar is 20% to blame and the drunk 80% to blame, the victim gets 100% of the settlement. If the drunk doesn't have any money the bar pays the 100% and then can sue the drunk for the 80%. Collecting a debt is part of every business.

If the injured party can't get anything out of the drunk, then what makes things any different for the business?

 

[nobbie48]

If the injured party can't get anything out of the drunk, then what makes things any different for the business?

They were at least partially to blame. If they can't collect it's tough bananas.

 

[knowledge]

What my beliefs are: I believe a drunk should carry his own weight, ie. responsible for his own actions. If he messed up, there is no way a bussiness should be responsible in any way. When he got drunk and decide to drive his car, he already broke a law with serious consequences. I don't know the laws of Public intoxication, but if he got so drunk and started smashing things, I don't see how a business should be responsible for that either.

Congrats - you're a responsible drunk. But a good portion of the population isn't. How can you expect someone to carry their own weight when the substance they're drinking makes them myopic? You're expecting someone to keep their inhibitions in place while drinking a substance that takes away inhibitions. Sure, they could just not drink - but how realistic is that? Prohibition clearly didn't work - which is why it's regulated and the onus is on the staff; not the drunk.

Bars make a killing for a reason, and it's about finding the balance between extremely drunk & too drunk (to maximize on profit). Being sued, having **** smashed, etc. is just the unfortunate cost of business in the industry for a lot of servers who get a little greedy and try to squeeze out the extra tips out of their customers.

 

[fastar1]

They were at least partially to blame. If they can't collect it's tough bananas.

You're missing the point. You say the injured party can't collect from the drunk, so the restaurant/bar should sue him instead. Read it, it makes no sense.

 

[turbodish]

Well, I guess the driver in this one doesn't need to worry about being sued.

The woman driving a car in the wrong lane of the 401 on Monday, resulting in a double-fatality, had spent 16-hours at a local bar before driving, says a spokesperson for the Ontario Alcohol and Gaming Commission.

Ab Campion said Korin Howes, 23, arrived at The Angry Beaver Bar and Grill in Belleville on Wallbridge-Loyalist Road around 5:30 p.m. on Sunday for a Super Bowl party and didn’t leave until 9:30 the next morning.

The crash occurred Monday morning when Howes was driving westbound in the eastbound lanes of the 401 and collided head-on with vehicle driven by Shaina Harrison, 23, of Oshawa between Aikins and Glen Miller roads.

Howes and Harrison were both killed in the crash.
http://www.qnetnews.ca/?p=17845

The Angry Beaver had its liquor license suspended Thursday afternoon because of Liquor Licence Act violations.
The bar had five violations in total:

• Selling or serving outside prescribed hours
• failure to remove evidence of service
• offering liquor free of charge
• promoting immoderate consumption
• and permitting drunkenness.

 

[OpenGambit]

According to RockerGuy. Harrison's next of kin should not have any remedy for this.

/thumbs up

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