This week, a gentleman’s club in Chicago agreed pay $1 million to pay for damages arising out of a fatal accident involving one of its patrons. The establishment had no alcohol policy, but didn’t prevent patrons from bringing their own alcohol. On the day of the accident, the man and his friend drank at the club, went out and crashed into the victim’s car, killing her and her unborn fetus. The club tried to argue that it did not serve alcohol on the premises, and therefore, should not have to bear liability for the accident. The judge obviously disagreed, and the club will now have to pay $1 million to settle the lawsuit.
Many states have their own versions of dram shop laws in place. These laws allow an establishment that serves alcohol to be held liable if a patron gets intoxicated, and then goes out and causes an injury or death. Pubs, restaurants, clubs, bars-any of these can be held liable if a patron gets drunk and causes a fatal accident.
If you own or run an establishment that serves alcohol on the premises, and live in a state that allows dram shop liability, then you could be held liable in an accident that results from drunk driving by one of your patrons. Proving liability often hinges on whether the establishment staff served the patron even after knowing that he was intoxicated. For that, a person must be visibly intoxicated.
Unfortunately, it can be very hard for staff to determine if a patron is intoxicated, unless he’s passed out, is throwing up all over the place, or is falling over the furniture. Not every intoxicated person will display these signs. Some people carry their alcohol well, and could be reasonably steady on their feet and still have a blood alcohol level above .08.
One way to check whether patrons are intoxicated before they leave the premises could be to have a breathalyzer unit at the facility, to check for intoxication levels. If the person is too drunk to drive home on his own, make other arrangements, like calling a taxi for him.
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