Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Is a bartender responsible for over serving you?
Find answers to your legal question.





Is a bartender responsible for over serving you?

if I geta dui and am not just drunk but totally wasted is it my fault or the bartenders?? I dont even remeber leaving
Additional Details
I live in Virginia


    




.
Rating
The definitions of the establishment's responsibility for a drunk patron are fuzzy.

A bartender is obligated to cut-off a person that they perceive to be intoxicated. However, this is a vague definition. The bartender may not notice that you are slurring, for example, if he doesn't pay attention to your conversations. It often boils down to one person's word against another.

The result of this law is that if you were to get in a wreck and hurt someone, THAT person could sue the establishment for negligence. However, you will not be held blameless, either. If you kill someone, you could be charged with vehicular manslaughter or vehicular homicide. You could be charged with attempted v. mansl. or attempted v. homicide if you only hurt someone. That's a criminal charge, whereas the charge of negligence would be a civil matter. The establishment would also likely be fined and be in danger of losing their liquor license.

You cannot sue the bartender or the establishment for damages because you got a DUI. Getting a DUI is YOUR fault and you are on your own. It's only when there's some kind of harm to an innocent that an establishment can be held responsible for personal damages. You can file a complaint with the Bureau of Alcohol, Tobacco, and Firearms (ATF) and they will investigate and possibly impose fines or suspension of the liquor license. Not likely, though.

It happens often that people get visibly drunk in bars. And, it happens often that people hurt others in accidents as a result. The problem is proving that the bartender knew that the person was drunk. Another problem is proving where the person got drunk in the first place. If they can't remember leaving the bar, then it isn't likely that a jury or a judge would accept their claim that they remember where they got drunk in the first place. Many people bar-hop, for instance. What if you went somewhere else after you left that bar? You see the problem. Many people that get in trouble will also not "rat" and will say that they don't remember where they have been or that they were drinking at home.

I could keep going, but this is getting long...


usa_angel_911
Rating
i worked in a bar and no matter what the bartender has to cut u off at a certain time and if u come in drunk they r not suppose to serve u. You should never beable to leave a bar and be so drunk u cant remember. Bartenders could get in alot of trouble for allowing u to drink and drive or the could be liable for anything that went wrong just for over serving you.


HuggieSunrise
... Unless you can prove the intent of the bartender was criminal then no.. you.. should have probably said no or told him/her your max.


vegigirl
Rating
YOU are responsible for yourself at all times. Grow up. Drinking and driving is not acceptable at anytime. Even one drink is one to many for driving. (I'm not against drinking, just D&D)


jaybird
I live in Australia. Bar tenders here can refuse to sell alcohol to intoxicated people, If someone asks for a glass of water they cannot be refused..(this came after they started charging heaps if cash for bottled water and people would rather die of dehydration than pay $7 for a bottle or water). They made these laws so that bar tenders are responsible and so are club owners...they even made it law that anyone serving alcohol must do a 'responsible service of alcohol' course. Our drinking age is 18.


socrateaser
Rating
Driving under the influence does not require any mental state. The crime is complete if a person operates a motor vehicle while under the influcnce of an intoxicant.

Involuntary intoxication, caused by the force of another person acting against your will, is an affirmative defense to the commission of a crime, which permits the defendant to a dismissal of the charges, even though the person is guilty of the crime.

However, voluntary intoxication is no defense to a crime, although it may mitigate a crime which requires a certain mental state, such as murder, down to involuntary manslaughter, where the defendant cannot form the specific intent to kill, because of the effect of the intoxicant (although, usually the court will find that the defendant's voluntary intoxication was an act in reckless disregard for the quality of human life, which would permit a 2nd degree murder conviction, rather than involuntary manslaughter).

So, if the bartender tricked you into getting drunk, or held you down and poured alcoholic beverages into your mouth until you were stoned beyond reason, then you could obtain a dismissal of the charges, and the bartender could be charged with false imprisonment and assault/battery, among other things.

But, if you sat a the bar and ordered drinks, and the bartender merely didn't cut you off in a timely manner, you are still guilty of the crime, even though the bartender may be separately guilty of something like reckless endangerment.


soniaatcalifornia
Sort of, If they can prove where you last drank at, but if your too wasted to know the difference then it may be difficult but the only way this would be a liability would be if you killed someone and it could only be for punitive damages not total liability because you are the one who drove the vehicle in the first place. You cannot sue for getting the DUI, that my friend is all your problem.


Deleted
If you get a DUI it's your fault.

If you're in an accident and someone is killed or injured the victims can go after you, the bartender and the establishment where you got loaded. In some states the bartender can also face criminal charges for overserving you when the result is an accident.

State laws are different for different states concerning this. But many states have passed Dram Shop Laws, which put the liability for overserving on the bartender and bar or restaurant owner.


nedzephyr
got a DUI but you are not drunk ?? ***** please!! grow up !!


one_sera_phim
Rating
yes, the bartender has the ethical responsibility to cut you off if s/he sees that you are too drunk. S/he should also call you a cab if you are alone.


notacopulation
Rating
it will be your fault until the money runs out. then it will become the bartender's fault. depending on how many school buses you ran off the road you might be able make it the breweries fault



<<<<I live in Virginia>>>>

it shows


chicagoan86
Rating
If your under 22, to an extent. Any older its your own fault period.


The name is Apple!
It is called 3rd party liability, but I believe it only extends to accidents and/or deaths as a result of over serving. The laws may be different in Virginia, but that is the way it is here in Oklahoma.
Sidenote: 2-3 drinks is usually enough to get people inebriated. Know your limit and don't stray from it.


GorgThePenetrator
Its your fault for drinking.


jonescarllee
the bartender is not at fault.you made the decision to drink.and drive.


Singlemomof10
Rating
If there were an "accident" ( I don't believe driving drunk is an accident but indifference to human life) the bartender may have some legal liability. But that doesn't mean it's his fault, just that insurance companies have ways of passing blame around. Grow up, for God's sake.


carlos1633.
I was in fight in a bar I don't remember to much but the bartender was drinking as well. Her boy friend is a colorado state trooper and was also drinking anyway they told me to leave and I was arguing with the trooper the girlfriend the bartender hurt her wrist and i was told I was at fault she was trying to stop her boyfriend is it my fault. This ws Friday now they call me and its monday





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Funny how Gay Marriage approved in Calif then a week later GOD strikes us with Fire!?
Is it just a coincidence that just after this immoral law was approved that we have had multiple fires popping up all over Northern Calif? and we are gonna see more lighting...read your bibles people....


 Is anybody else fed up with parents defending their out of control hooligan kids who think they are above the?
law.. That daft Cameron geezer who thinks hugging a hoodie or loving a lout is the answer is well and truly wrong he wants his bumps feeling.. I tried to be reasonable with a woman on my street who ...


 Is this legal? A friend took a photo, this guy was in the background?
apparently, my name has been brought up as the one who owns the camera? - it's not though.
but anyway.

the photo had this guy in the background, police are involved because ...


 Do you think it's right to ban smoking in restaurants?
Personally I like to go to restaurants without being exposed to smoke, bars are something different in my opinion. Furthermore, it's not a infringement on rights because no one is saying stop ...


 Can they force my husband to do jury duty if he is the only income in our home?
my husband makes about 750.00 a week at his work. he got picked to stand on a trial jury. his work only paid him for the first three days and all the rest have only been 50.00 a day which is only 250....


 Some people cheated during my midterm? Should I tell on them?
They got the midterm before the midterm, and then studied off of it. I studied real hard, however, I feel that I was at a disadvantage. Should I tell the professor?...


 Why are so many people in jail in the US?
why the high incarceration rates?...


 Are female cops allowed to pull people over too?
cuz no one will take them seriously.

thats why i told my wife to quit her job... im surprised they even let her drive
Additional Details
autumn.skye: you're good at this, ...


 Will obama jail me for refusing to serve in his civil service group?
...


 Is it time TV licences are abolished?
many people pay subscriptions for things they like to watch, some buy free view. others watch commercial tv. some prefer bbc. so as there is so much choice why are we forced to buy a licence as a ...


 Why has the divorce and crime rate gone way up?

Additional Details
Serious answers please....


 Can the people of the world live in peace with each other or is conflict inevitable?
I believe that the natural order of life is conflict and it is this which makes us such a successful species. However this conflict must be contained if we are to continue to exist otherwise we will ...


 Should there be a one/two child policy in the UK ?
I have been reading articles recently on Global warming and how the more people there are on the Earth - the more resources are used, this has me concerned (especially as one writer suggests that we ...


 Do you need a license to own a gun in the united states?
any gun in new york or connecticut or new jersey?...


 Is Freedom of speech that important?
Isn't it about time we banned it?
Additional Details
**** So the general feeling is, Yes we need freedom of speech, but only if it's things we wanna hear? *****...


 Is getting high any different than getting drunk?
think if they legalized just marijuana and sold it at 7-11, taxed it...it would put a lot of dealers out of buisness, pave a lot of roads and buy a lot of school books....


 Am i wrong to not care about Africa?
my family gives a lot of money to charity, but i can't see sending money for like AIDS in Africa or what is going on in darfur because i don't live there and it doesn't effect me.
...


 Help Please!!!How can you prove in court that your being Harassed?
I am always being harrased by my ex he calls me from blocked numbers waits outside my job calls my job we go to court next week what proof do I really need it never sticks can it be dismissed if its ...


 Isnt stem cell research immoral?
From what I understand scientists create an embryo, which is later destroyed in order to find cures for parkinson and Alzheimers. But I dont think I would want to live longer, so that something that ...


 Can i be sacked with no prior warning or reason while having a sick note from the doctor?
...




Copyright (c) 2009-2013 Wiki Law 3k Thursday, September 18, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.044