What the hell is wrong with people.
sad thing is this kinda crap happens a lot. they gotta go where the deep pockets are...more insurance on the business then on the individual. And I blame it on the insurance companies for caving and the lawyers for taken the cases. we all pay in the long run.
People are idiots plain and simple. The bar doesn't force anyone in anyway to drink alcohol. Its the responsibility of the operator to make the call to drink or not, and to get behind the wheel of any vehicle on land or sea while under the influence.
The only thing that could come into play is the severity of the intoxication... Because if over serving is proven the cause, well then the bar can be liable, and the plaintiffs will more than likely win the case.
Gen Oblig. §§ 11-100 & 11-101 which vendors are responsible for serving drunks. see this link
I have never taken a PI case or a lawsuit case, I am defense attorney, I typically represent the BUI (Boater Under the Influence). I do DWI/DUI work, and all criminal cases. I need to change to what I do, I am not making the world a better place (that is my moral ephiphany).
These Dram Shop laws have been around a long time.
Last edited by Smarty; 09-30-2009 at 03:48 PM.
That's SUCH a brutal law. Who was it that decided that the bars should double as ACTUAL Daycare facilities, plus continue to be in charge of what the "plaintiff" does after they leave the establishment?
I guess the bigger question is how can the families of the victims, willfully intend to replace what's right, or their loss, with someone else's money that they KNOW deep down had nothing to do with the decision to drive the boat?
I know, "it happens all the time", but damn.
I guess if they don't win this suit, they can go after the manufacturer of the dock lines, since they didn't have an auto locking mechanism that activates to the scent of alcohol.
Baja should bear some of the blame for not having breathalyzers installed on all of their boats, that must be used before the boat can be started.
How about suing the local church if we're going to go big? I'm sure there's an attorney that could create the scenario where God ultimately played a role in this?
same reason very few corporate xmas parties serve booze anymore or many public functions will only serve for a short time then shut down the bar.
No one takes responsibility for their own actions anymore and lawyers feed on that like starving sharks and officials and judges with no balls to speak of.
The plaintiff attorney will throw the whole kitchen sink into the lawsuit as far as multiple defendants. I will be suprised if it makes it to court. There are a whole lot of opinions about lawyers and lawsuits, we went (meaning me) through this discussion in regards to product safety and lawsuits regarding high speed boat crashes (Outerlimits in Europe) so I am going to stay out of this thread from here on in.
If the defendant needs a defense attorney for the BUI, I am the man (in New Jersey, not in New York), otherwise, I pass on everything else that is law/legally related to this accident.
Bottomline, I agree and hear where you are coming from (and agree).
Last edited by Smarty; 09-30-2009 at 10:45 PM. Reason: Spelling
How about suing the local church if we're going to go big? I'm sure there's an attorney that could create the scenario where God ultimately played a role in this? ....good one BLee are you a lawyer??? ...and that is how you can make a million or 2 "+" expenses if you are!!!
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