02-27-2013, 04:57 PM
(02-27-2013, 03:49 PM)ramseycat Wrote: It's difficult to actually prosecute a bar though. Did the patron arrive intoxicated? How many drinks did they consume in that particular bar? What if the bar called the patron a cab and he went outside and got into his own vehicle instead? There are too many what ifs
A case I worked on our insured had been drinking at home with her sister in law. They went to a 24 hour Walmart to buy more beer. The cashier sold it to them. On the way back home our insured hit a tree. Her SIL was ejected and killed. Should Walmart be charged for selling them alcohol when they were obviously drunk? Should the cashier let them leave?
Responsibity falls on the person drinking.
I think the difference with the Wal Mart situation is they sold beer that the people were taking away. At a bar, you order a drink to drink at the bar. It is the responsibility of the bartender to judge if the customer has has too much to drink and they are responsible for refusing to serve them.