View Full Version : What is the criminal liability for these cases?
faa
Jan 13, 2008, 07:36 AM
Hallow there!
I want to know what is the criminal liability for the bar owner who happened to kick out one of his client to the dumping place for fear of being judged by police.the incidence happened after the client loose consciousness after hitting the bar stool.
However his client was found dead on the dumping place and the cause of the death being not the bar owner activities but because he broke his skull when fell and hit the stool.
excon
Jan 13, 2008, 07:51 AM
Hallow faa:
This is a VERY interesting question.
If the guy was still alive when the owner dumped him, he could be charged with assault – maybe even aggravated assault... As I think about it further, maybe even manslaughter. If those charges don't fit the bill, they'll come up with another. There might be a Good Samaritan statute on the books in your town that requires people to give aid. Who knows? Certainly, the bar owner IS criminally liable. But for his actions, the guy might be alive.
Or, if he was alive, but his wound was fatal, the owner might not be charged with anything.
If he was already dead, I'm sure there's a crime about moving a body or not reporting a body. If that's the case, it's probably a minor charge.
Of course, his civil liability is through the roof, but you didn't ask about that.
excon
Fr_Chuck
Jan 13, 2008, 08:13 AM
1. Liability because the bar has a duty not to serve drinks to someone who is obviously drunk ( they can not sell and allow them to drink too much)
2. If they fell and hit their head because of this, the bar could be liable for the fall.
3. They had a duty or liablity to report the accident on their proprety and not hide it.
I believe that the bar ower can have a civil liability and the person who served the drinks and the person who moved the body could have a criminal liablity.
**** and again, in the US, it will depend on which state in the US, since it will fall under state law and each state has a lot of various laws on these issues.
*** if it is a common law question IE law study, then there is a common law liablity attached.