Maatix t1_j5dgtsi wrote
Reply to comment by jfcmfer in A woman who got wasted at a Marilyn Manson concert blew up $15 million worth of property. She's suing the company that served her. by end_of_rainbow
>I doubt this venue's owner wants anything to do with setting a legal precedent by losing on something like this.
There's no chance they settle, because there's no chance they lose.
The bar doesn't have a responsibility to make sure you have a safe way home. Legally speaking, you're required to know your way home before getting blackout wasted, so the bar CAN'T reliably serve anyone if they have to confirm you have a safe way home first. Anyone in that situation could just lie and leave MASSIVE legal repercussions with the bar.
Theoretical question: If the bar didn't kick her out, how would she have gotten home? Was she just not planning to leave all night? No obviously not - She had plans to drive. If she apparently had no other way home, she wasn't going to suddenly become LESS wasted by drinking more. Theoretically speaking, they could have kept her in the bar, but that makes her a nuisance to other customers, especially if she's just going to complain about wanting to drink and try to leave when she can't get more drinks. They can't legally detain her.
Not a single part of her claim places the onus of the explosion on the bar. The bar acted responsibly and stopped her from drinking when she appeared too drunk. They have no obligation to safely see her home in addition to stopping her from drinking, they can't say "No you're not going anywhere, you're too drunk," because they don't have the right to detain anyone - And no, she absolutely did not have to drive home, she could have called a friend, a family member, a cab, an uber - There are many options in this day and age that you're expected to consider BEFORE drinking, which she clearly did not.
SHE acted irresponsibly by having no way home after drinking heavily. DUI falls on the driver, not on the person who served the driver.
jfcmfer t1_j5dmcie wrote
That's a great explanation on why I'm wrong. Thanks, I hadn't thought of those angles.
Raevix t1_j5dmf2i wrote
Maatix t1_j5dnknu wrote
Now that you've linked it, do you want to point to any part of it that is against my claim?
If you're suggesting they didn't offer her subsidized taxi's, or didn't recommend taxi usage, that's going to come down to a he-said-she-said situation. She will obviously claim they didn't offer - They will obviously claim they did offer. Without proof of guilt, the bar will not be held responsible. We don't know if it was or wasn't offered.
If you're suggesting they didn't "inform guests that intoxicated persons will be put into taxi's," again, that's going to be a he-said-she-said. Obviously, she's going to say they didn't inform her a taxi was an option. Obviously, they're going to say they did offer a taxi. Again, without proof of guilt, the bar cannot be legally held responsible.
They can't force her to take options they offer, and at no point is the bar required to ensure a leaving guest takes a specific mode of transportation. Once again, they cannot be held legally responsible for her drunken decision to get in her car and drive when she knows she shouldn't. She still had the option to call for another ride, if she really didn't want to utilize their services offered. (Which we can't KNOW were offered, but seem very likely to have been offered in my opinion.)
Lastly, her two claims are opposite one another. She claims they shouldn't have let her leave because she appeared too drunk and must have been ignorant of that fact AND the fact that she was driving home - But also, claims they continued to serve her despite looking too drunk. Let's remind everyone here, she was kicked out because they stopped serving her because she appeared too drunk, and she caused a scene over it. She only got kicked out in the first place because the bar was very well aware of how drunk she was and stopped serving her because of it.
Everything she's claimed is dubious at best, and ultimately comes down to presuming the bar did EVERYTHING wrong with no evidence, and not the drunk person who got behind the wheel of a vehicle knowing they'd just gotten kicked out of a bar for being too drunk.
Raevix t1_j5dom9v wrote
Nope, I don't want to point anything out.
I just saw a lot of people talking about what will or won't happen in this thread and what is or isn't legal and not a single person citing or quoting sources so I thought I'd dump those links there so people can use them if they felt like it or just read them and form their own conclusions. I just replied to you specifically because I assume this is the thread that's going to get the most attention.
Maatix t1_j5dp5af wrote
Got it, my bad. Hard to read intent on the ninternets.
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