Notices

It's not the bars fault!

Old 09-30-2009, 02:00 PM
  #1  
Registered
Thread Starter
 
Join Date: Jul 2007
Posts: 338
Received 32 Likes on 15 Posts
Default It's not the bars fault!

What the hell is wrong with people.
http://www.13wham.com/news/local/sto...QkOzI-vPA.cspx
96scarab is offline  
Old 09-30-2009, 02:19 PM
  #2  
Registered
 
Join Date: Nov 2003
Location: Lake Travis ,Texas
Posts: 2,295
Likes: 0
Received 2 Likes on 2 Posts
Default

Idiocracy
HTRDLNCN is offline  
Old 09-30-2009, 02:21 PM
  #3  
Platinum Member
Platinum Member
 
LAriverratt's Avatar
 
Join Date: Jan 2009
Location: Springfield, Louisiana
Posts: 3,508
Received 23 Likes on 11 Posts
Default

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.
LAriverratt is offline  
Old 09-30-2009, 02:21 PM
  #4  
Registered
 
Join Date: Dec 2008
Location: Detroit, MI/Lake Havasu, AZ
Posts: 729
Likes: 0
Received 1 Like on 1 Post
Default

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.
SmurfOnABoat is offline  
Old 09-30-2009, 02:26 PM
  #5  
VIP Member
VIP Member
 
Join Date: Oct 2000
Location: Florida
Posts: 2,616
Received 246 Likes on 112 Posts
Default

Originally Posted by 96scarab
What the hell is wrong with people.
http://www.13wham.com/news/local/sto...QkOzI-vPA.cspx
In New Jersey we have what is called "the Dram Shop" laws. Bottomline if a bartender, and or an establishement serves alcohol to a patron who appears readily impaired/drunk then that bar and or bartender may be responsible for the damaged caused thereafter by the impaired patron even after he or she leaves the bar (the actual damage liability aspect is more complex that that, with foreseeability, but for, or foreseeable plaintiff/victim). In New Jersey we have limited liability for the bar owner; HOWEVER, in New York, the law is broader

Gen Oblig. §§ 11-100 & 11-101 which vendors are responsible for serving drunks. see this link

http://www.wisbar.org/am/template.cf...ontentid=50672

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.

Stephen

Last edited by Smarty; 09-30-2009 at 03:48 PM.
Smarty is offline  
Old 09-30-2009, 02:34 PM
  #6  
Charter Mod
Charter Member
 
BLee's Avatar
 
Join Date: May 2000
Location: E Dock
Posts: 6,551
Likes: 0
Received 2 Likes on 2 Posts
Default

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?

BLee is offline  
Old 09-30-2009, 02:36 PM
  #7  
Registered
 
Join Date: Nov 2003
Location: Lake Travis ,Texas
Posts: 2,295
Likes: 0
Received 2 Likes on 2 Posts
Default

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.

Idiocracy
HTRDLNCN is offline  
Old 09-30-2009, 02:38 PM
  #8  
Social Distortion
Gold Member
 
wstultz's Avatar
 
Join Date: Sep 2004
Location: Lake Conroe,Texas
Posts: 5,724
Likes: 0
Received 2 Likes on 2 Posts
Default

Originally Posted by HTRDLNCN
Idiocracy
Watch it tonight! pay attention because it is what this world is coming to. Horrible, low budget movie, but scary -true.
wstultz is offline  
Old 09-30-2009, 02:43 PM
  #9  
VIP Member
VIP Member
 
Join Date: Oct 2000
Location: Florida
Posts: 2,616
Received 246 Likes on 112 Posts
Default

Originally Posted by BLee
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?

I agree to some extent. I, an attorney, would rather makes less money and feel good about what I do for a living, than to be stereo-typical scumbag ambulance chaser.

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
Smarty is offline  
Old 09-30-2009, 02:49 PM
  #10  
Platinum Member
Platinum Member
 
LAriverratt's Avatar
 
Join Date: Jan 2009
Location: Springfield, Louisiana
Posts: 3,508
Received 23 Likes on 11 Posts
Default

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!!!
LAriverratt is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.