JimAsia t1_j4z979e wrote
In many places a venue that continues to serve someone who is clearly drunk is legally liable for the drunks behavior. I don't know the law in California but this is not necessarily a frivolous lawsuit.
[deleted] t1_j4zeu0m wrote
They did stop serving her. They threw her out.
JimAsia t1_j4zfkfl wrote
It clearly was too late and perhaps they should have taken her car keys. I really don't know, wasn't there.
Fetlocks_Glistening t1_j4zgleo wrote
That would've been theft? I mean you can't go around grabbing other people's car keys off of them just because you think it's the right thing to do, we'd have nobody left on the road
darksidemags t1_j4znvo4 wrote
Actually the article says this happened in Ontario and they have pretty major liquor liability laws. Hosts of an event (bar, concert, house party, work party) where alcohol is served have a duty of care to guests *until the intoxicated person sobers up*, including not letting them get too wasted, trying to convince intoxicated them not to drive, helping them find a safe way home, and calling 911 if they do try to drive.
So, technically they couldn't literally wrestle the keys from the woman but under Ontario law there is a strong chance they will be seen to have some liability for what she did after leaving the venue.
seedanrun t1_j526xtf wrote
The way to do it would be require they turn in the car keys to continue getting drinks - then they need a sober friend to pick up their car keys.
JimAsia t1_j4zh6nh wrote
They should have asked for her car keys. If she refuses to give them up then they no longer have legal liability. If they didn't ask for her keys they may have some liability.
verdantsf t1_j52ganv wrote
I'd wager she'd sue them for theft if they had done that.
TheFirstUranium t1_j510ghd wrote
Legally you're correct, but bartenders don't exactly have the resources or legal authority to take people's keys or drive them home and put them to bed.
Dram shops laws establish liability in scenarios like this and as a rule, they're very old and haven't been updated in forever (think like prohibition). Many places they establish liability even when someone is responsibly served and later continues drinking.
I hate them. Legal liability for other people's actions should not exist.
TankSparkle t1_j5196jx wrote
the bars have insurance for this
TheFirstUranium t1_j51jypc wrote
The bartender is personally liable as well. In fact in some places, the bar owner isn't liable at all.
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