[net.legal] A possible cure for driving drunk, seriously

mas@drutx.UUCP (SchwarzMA) (07/19/85)

I think in a tavern, it might be a good idea for the waitperson to ask for the
car keys of everyone at the table who is served a drink.  After a table orders
2 rounds of drinks, a cab is called to take the people home, when they finish
drinking, and NOT give them their keys, but give them to the cabbie to give 
them after they get in the cab.  

How about that, I think its a GREAT idea.  The added incentive for bar owners 
would be they are totally responsible for any damage a patron did, if they did
not comply.  

By the way would this be legal????


Mike Schwarz

strickln@ihlpa.UUCP (stricklen) (07/22/85)

> How about that, I think its a GREAT idea.  The added incentive for bar owners 
> would be they are totally responsible for any damage a patron did, if they did
> not comply.  
> 
> By the way would this be legal????

In Illinois, bar owners are liable for all damages incurred by patrons who
leave their establishments under the influence.  I am told by my mother
(who worked quite a few years in the liquor industry) that statutes of
this form used to be in place in all fifty states.  Today only about five
still have laws of this type.

A friend of mine in high school was riding in a car driven by a man who
was completely inebriated.  They were involved in an accident which left 
her paralyzed from the neck down.  Even though she willingly got into the
car, she was still able to sue the owner of the bar who served the driver
for damages.

Steve Stricklen
AT&T Bell Laboratories

hg@entropy.UUCP (Helen Gipe) (07/24/85)

> > How about that, I think its a GREAT idea.  The added incentive for bar owners 
> > would be they are totally responsible for any damage a patron did, if they did
> > not comply.  
> > 
> > By the way would this be legal????
> 
> In Illinois, bar owners are liable for all damages incurred by patrons who
> leave their establishments under the influence.  I am told by my mother
> (who worked quite a few years in the liquor industry) that statutes of
> this form used to be in place in all fifty states.  Today only about five
> still have laws of this type.
> 
> A friend of mine in high school was riding in a car driven by a man who
> was completely inebriated.  They were involved in an accident which left 
> her paralyzed from the neck down.  Even though she willingly got into the
> car, she was still able to sue the owner of the bar who served the driver
> for damages.
> 
> Steve Stricklen
> AT&T Bell Laboratories

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I live in Seattle, and I have hear several different bartenders say that
they are responsible for the patrons.  I have never heard of any cases
though where they were actually prosecuted or ``held responsible''.  I know
of too many places where the bartenders would be unemployable in this city
if it were true.

bobn@bmcg.UUCP (Bob Nebert) (07/25/85)

> 
> I think in a tavern, it might be a good idea for the waitperson to ask for the
> car keys of everyone at the table who is served a drink.  After a table orders
> 2 rounds of drinks, a cab is called to take the people home, when they finish
> drinking, and NOT give them their keys, but give them to the cabbie to give 
> them after they get in the cab.  
> 
> How about that, I think its a GREAT idea.  The added incentive for bar owners 
> would be they are totally responsible for any damage a patron did, if they did
> not comply.  
> 
> By the way would this be legal????
> 
> 
> Mike Schwarz

] Sure it's legal if you live in Russia. Haven't you ever heard of the
] right of retention of leaglly owned property (keys). Oh bartender can
] I have my keys now I'm going home? No sir you had 2 beers in 1.25 hours.
] Or illegal detention. But Mr. bartender I must leave to go home. No sir,
] you may NOT leave when you want. 
] And then the collusion factor. But Mr. bartender, how do I get home?
] Well sir, I'll call you a cab. I know its a safe cab because my brother
] owns it and I always use him. The fare should only be $15.00 because
] you were dumb enough to stop for a nightcap across town. He will be glad
] to bring you back in the morning to get your car ($15.00) in time to 
] go to work.
]
] I used to own a bar and I am not totally responsible for me so why should
] I become responsible for someone else when they leave my place?
]
]                               your honor, this is the way it really was.....
]                               Bob Nebert
]                               sdcsvax!bmcg!bobn

rdz@ccice5.UUCP (Robert D. Zarcone) (07/25/85)

> 
> In Illinois, bar owners are liable for all damages incurred by patrons who
> leave their establishments under the influence.  I am told by my mother
> (who worked quite a few years in the liquor industry) that statutes of
> this form used to be in place in all fifty states.  Today only about five
> still have laws of this type.
> 
> Steve Stricklen

And we can certainly be thankful for that!  I have been in establishments
that have had literally hundreds of patrons drinking.  There is no way
the staff in these places can keep an eye on everyone.  And to my way of
thinking, there is no reason why they should have to.  It's about time we
cut out this foolishness of going after those who are not responsible for
a crime and nail those who are!  The "New Prohibition (sp?)" is taking
hold in this country.  I, for one, would rather it didn't.

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dws@tolerant.UUCP (Dave W. Smith) (07/29/85)

>> The added incentive for bar owners 
>> would be they are totally responsible for any damage a patron did ...

I researched this point long ago while working on a high-school project.
The facts of the case this idea is based on, as I recall them, are as follows:

   o  Parties A and B are served drink by party C (bar owner).
   o  Party A insults party B.
   o  Party B responds by lighting party A's beard on fire.
   o  Party A sues party C, arguing that his negligence in serving party B
      resulted in the incident.

Can some legal beagle come up with the name of the case?  I believe that
it happened in New Hampshire or Vermont in ~1780.
-- 
  David W. Smith             {ucbvax}!tolerant!dws
  Tolerant Systems, Inc.
  408/946-5667