My current b/f was arrested for his 2nd DUI in twelve years. I understand the penalties and consequences for his actions, however, because he is facing a minimum of $10K in court costs and classes, breathalizer, house arrest... etc. I am not excusing his behavior for drinking too much, but I am wondering if he has any recourse regarding liability against the establishment who continued serving him once he was clearly intoxicated. Now, please understand this - he went to a bar with his friends prior to this but was not intoxicated at that time when he entered THIS establishment - and for the record, the establishment in question is a local bar for bikers and my b/f has close connections with the bartender. They were aware of him being intoxicated but failed to take preventative measures to prevent him from leaving the establishment while intoxicated. Are there any laws protecting citizens against an establishment that over serves their patrons. Can they be held liable to some degree? I know that it is not their responsibility to baby-sit these adults... but maybe if the patron is clearly intoxicated, isn't it their responsibility to not serve them any more liquor? What if my b/f would've killed someone in the process? Would they be responsible for a wrongful death lawsuit from the victims family? I thought there was a law protecting citizens from establishments who do not regulate the consumption of alcohol on their premises? Please Please help! Thank you soooo much!!

Hello bella:

You don't have to make excuses for examining the possibilities. The establishment may very well have some liability. However, their liability would extend to the damage their patron might have done to a third party. I don't think they're liable for the drinkers legal costs, however.

But, they might be. Certainly, a lawyer will discuss your case to see if you HAVE a case.

excon

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Originally Posted by bellababy60

My current b/f was arrested for his 2nd DUI in twelve years. I understand the penalties and consequences for his actions, however, b/c he is facing a minimum of $10K in court costs and classes, breathalizer, house arrest...etc. I am not excusing his behavior for drinking too much, but I am wondering if he has any recourse regarding liability against the establishment who continued serving him once he was clearly intoxicated. Now, please understand this - he went to a bar with his friends prior to this but was not intoxicated at that time when he entered THIS establishment - and for the record, the establishment in question is a local bar for bikers and my b/f has close connections with the bartender. They were aware of him being intoxicated but failed to take preventative measures to prevent him from leaving the establishment while intoxicated. Are there any laws protecting citizens against an establishment that over serves their patrons. Can they be held liable to some degree? I know that it is not their responsibility to baby-sit these adults....but maybe if the patron is clearly intoxicated, isn't it their responsibility to not serve them any more liquor?? What if my b/f would've killed someone in the process?? Would they be responsible for a wrongful death lawsuit from the victims family?? I thought there was a law protecting citizens from establishments who do not regulate the consumption of alcohol on their premises?? Please Please help!! Thank you soooo much!!!

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If he had killed or injured someone Dram Shop coverage would kick in - and, yes, there would be wrongful death actions every which way.

Speaking about accidents involving alcohol - the questions become: did the patron become intoxicated at the bar; did the patron leave the bar and drink between the bar and the accident scene; what can anyone prove? Bar owners/bartenders swear that the client was not "that intoxicated" when they left and MUST have stopped somewhere else OR had alcohol in their vehicle.

Proof comes down to what the bartender could have/should have noticed - glassy eyes, slurred speech, unsteady gait. Then you get into whether the patrons were buying by the drink or by the pitcher and whether the bartender had a responsibility to police who was actually drinking. Then you get into whether your State requires bartenders receive training to spot potential problems.

All of this assumes you can actually place your boyfriend at that particular bar - and 99% of the time when I go out on one of these cases the owner/bartender/patrons see the problem and nobody remembers anything.

In my opinion, because there was no accident due to drinking, there is no liability on the part of the owner of the bar. As you said - they are bartenders, not the Police. I see no actionable cause.