Ask Me Help Desk - Drunk driving establishments responsibility

In June of this year I was in an single car accident, 2 blocks from the establishment, as a result of being drunk. I suffered an injury to my ankle and heel. I also lost considerable revenue because of my inability to service my customers. I can prove that I was overserved. This occurred in Las Vegas, do I have a case against the bar/restaurant/casino that served me ?****** I am aware of my responsibility, and am thankful that I was the only one injured by my actions. As a friend of mine,a retired LA homicide detective, says "you have committed the crime of the century"... I am and will continue to pay for my actions... however, I am only asking for opinions on the question stated above not on the morality of my actions... if you feel the need to attack me then I suggest you just not bother to answer... "let he among us who is without sin cast the first stone"

You may have a case, but you would have to show that the establishment was negligent - for example if they forced you to drink and drive, or if they had knowledge that you were going to drive and you were obviously plastered and they continued to serve. But I got to tell you - I would hope that you would lose. You should take responsibility for your own (stupid) actions.

Thanks for your kind words ebaines.. however you did nothing to answer the question and seem to be just posting to vent some childish need for attention,without any indication of your qualifications, other than a "senior member" you have wasted both my time and yours... maybe a little sunshine and fresh air would loosen your grip... I wish YOU nothing but wins.

Quote:

Originally Posted by skyking1940

thanks for your kind words ebaines.. however you did nothing to answer the question and seem to be just posting to vent some childish need for attention,without any indication of your qualifications, other than a "senior member" you have wasted both my time and yours.... maybe a little sunshine and fresh air would loosen your grip... I wish YOU nothing but wins.

Maybe you should take your own advice and get some sunshine and fresh air. YOU need to loosen your grip. We are NOT all experts here in every forum, but are individuals with lives, jobs, family, who take our time out to answer questions for free. We donate time here to help others.

I have to agree with Ebaines in that the establishment, especially in Vegas, the overindulgence capital of our country, may not have known you were driving. You are responsible for the burden of proof here. YOU would have to prove that the establishment was negligent.

Having family members who were killed by a drunk driver I have to say that you need to take responsibility for your actions, not try to blame others for your stupid mistakes.

You claim you can prove you were overserved, How? That will be the crux of your case. Not all states have laws making the establishment responsible for overserving, you would have to check to see if Nevada has such laws. Given the nature of that state's primary sources of revenue, I would doubt it. Even if they did, those laws are usually written to protect the victims of a drunk driver, not the driver. The idea is that a drunk driver may not have insurance or assets to provide compensation for their victims.

But there are other factors here. Its one thing if the establishment continue to serve you after you were clearly impaired, it another to know whether you were going to drive. They might have been under the impression you were staying nearby and could walk.

And even if they are held liable, their liability might not be 100%. There is no question that you bear some responsibility here. No one forced you to drink and no one forced you to drive.

Frankly, you remind me of the definition of chutzpah; the son who killed his parents and then asked for mercy because he was an orphan.

You lost revenue because of your own irresponsibility and want to try to recover that by shifting the blame.

How are you going to prove you were overserved?

Hello sky:

I would visit an attorney. Whether I personally think an establishment should share the responsibility in their patrons' bad behavior isn't the issue. Some lawmakers think they should. Some of those lawmakers might live in Vegas.

excon

PS> Recently, my states toxicology lab has been found to be cheating... As a result, 1,000's of drivers licenses are being restored to people who had them removed for being drunk!!

If my friends want to be mad at somebody, THAT is where their anger should be focused. I live in Washington - but I'm cutting down on my driving. Who wants to be on these streets now??

I believe that Nevada is one of the few states that does not have a "Dram Shop Liability" law. This means that a bar, restaurant, host, etc. will not be held liable for overserving a patron or guest. A lot of people have tried to recoup gambling losses at casinos incurred while intoxicated because the casino overserved them. No deal.