orswich t1_j5exxea wrote
Reply to comment by AUniquePerspective 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
Ontario smart serve puts ALL the liability on the server and the establishment.
According to legislation, you as a server are responsible for a patron "until they are sober".. so you can cut them off and stop serving, then take thier keys away and put them in a cab home. But if they get home and decide to get in thier husbands car and crash, the server is gonna get charged.
No personal responsibility at all..
So if you are a guy and you get grabby while drunk, you are on the hook for sexual assault (as you should be) and bear full responsibility. But somehow if you are drunk and decide to drive, you were "too drunk to know better"..
I don't get why the law is different in these scenarios. Maybe too many powerful people drive drunk and don't want to be held accountable?
cheezemeister_x t1_j5f3n9e wrote
This isn't really true. Establishments have to take all reasonable steps. They don't have total liability.
orswich t1_j5f4wnk wrote
Wish that was so..
Had a local restaurant cut a guy off before he got too drunk. Management made sure he didn't go to his suv and called him a cab.. he refused and walked off the property, only to return later, smoke a joint in his vehicle and then he crashed into a liquor store and died.
To me they tried reasonably to stop him. But the law saw it differently and fined server 10k and establishment around 30k.
It's entirely why even though I am smart serve certified, I won't tend a bar or serve drinks...fuuuuck that
sllewgh t1_j5fmjvs wrote
That's too stupid to be believable without proof.
BMXTKD t1_j5fqtcn wrote
Why? Because you serve alcohol for a living?
sllewgh t1_j5frgca wrote
I used to, but no, that's not the main reason.
FlockFlysAtMidnite t1_j5hv8dh wrote
Because if I told you I was the queen of England, you wouldn't believe me. Contrary to popular belief, it is possible to lie over the internet. It's also possible that they entirely misinterpreted a story that did really happen.
Thus, asking for proof.
BMXTKD t1_j5hvsig wrote
No, I'm saying this because the contrary seems to be unbelievable. I serve alcohol for a living, and one of the things they drill into our head, is if you over serve someone, you are responsible for everything they do after they leave your venue.
I'm ServSafe certified, and my church is looking into getting me to become an instructor for servsafe,
Nice try though.
FlockFlysAtMidnite t1_j5hw6y5 wrote
Yes, you're responsible - to a reasonable degree. The story seems to imply that you are responsible for them without limit, even if they continue to become even more intoxicated elsewhere.
AUniquePerspective t1_j5fd7yf wrote
In fact, we join this story already in progress with the individual already having pleaded guilty and taking responsibility for everything but the civil liabilities.
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