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It's not the bars fault!

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Old 10-01-2009, 11:11 AM
  #21
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you're right. someone should just beat the sh!t out of the driver just because he's (one more reason) screwing up things for the rest of us.
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Old 10-01-2009, 05:43 PM
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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
I wouldn't feel that way about it.

My legal support firm works with a lot of defense firms. Some are scum. Others are doing the best they can to balance the bar between justice and vengence.

In my LEO career, as well as my private career, I've seen LEO's make cases that were, well, weak at best, and in some cases, purely creative writing, or "technical" violations.

As with all other segments of the community, you can't force common sense. Some people, cops included, just don't have any!

We need people like you to make sure that the scales of justice remain in balance, and are never tipped to one side or the other

On the flip side, people need to start taking responsibility for thier actions.

Dram Shop should (it doesn't) apply to only the server. If they knowingly serve and obviously intoxicated party or a known alcoholic, then they should be held "partially" responsible for thier actions as well.
Personal injury suits. IMO, they should be limited to the operator of the vessel/vehicle, etc. and the server/bartender.

With that, the deep pocket syndrome might not look so appealing and some of the ambulance chasers might just pack it up and find some other meal

Don't beat yourself up over it. You provide a service!
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Old 10-01-2009, 05:47 PM
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Originally Posted by getreal View Post
The bar should sue the State for not having law enforcement on the water to check for BUI's.
Try this one on for size...

In our jurisdiction, we get paid to work off duty at bars and restaurants that serve alcohol.

You know how many drunks you see stagger out of there and to thier cars/boats?

And nothing is done because the officer is there working for the establishment ownership.

Sound like a bit of a conflict to anyone else?
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Old 10-01-2009, 05:52 PM
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I wouldn't feel that way about it.

My legal support firm works with a lot of defense firms. Some are scum. Others are doing the best they can to balance the bar between justice and vengence.

In my LEO career, as well as my private career, I've seen LEO's make cases that were, well, weak at best, and in some cases, purely creative writing, or "technical" violations.

As with all other segments of the community, you can't force common sense. Some people, cops included, just don't have any!

We need people like you to make sure that the scales of justice remain in balance, and are never tipped to one side or the other

On the flip side, people need to start taking responsibility for thier actions.

Dram Shop should (it doesn't) apply to only the server. If they knowingly serve and obviously intoxicated party or a known alcoholic, then they should be held "partially" responsible for thier actions as well.
Personal injury suits. IMO, they should be limited to the operator of the vessel/vehicle, etc. and the server/bartender.

With that, the deep pocket syndrome might not look so appealing and some of the ambulance chasers might just pack it up and find some other meal

Don't beat yourself up over it. You provide a service!
Thank you for the kind and encouraging words. I do appreciate it.

Stephen
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Old 10-01-2009, 06:01 PM
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Thank you for the kind and encouraging words. I do appreciate it.

Stephen
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