Goodmorning guys. Received a letter over an issue that happened after hours at my pub. An individual was in my pub hanging out due to intoxication from another establishment. My employees who were off the clock let him stay while the bartender who was on the clock closed out for the night. The individual in question comes in a great deal. I gather from what took place, they were trying to sober him up. My cook who was not working decided to play bartender and try a flame drink, the flame drink burned the individual somehow, I guess by just stupidity by the cook and himself. Now the business is being sued for his damages. Both the employees are on leave until I get response too what happened and both agree they are to blame not the pub. We were closed at the time off the accident. Any help with this. Thanks

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Originally Posted by wist coach

Goodmorning guys. Recieved a letter over an issue that happened after hours at my pub. An individual was in my pub hanging out due to intoxication from another establishment. My employees who were off the clock let him stay while the bartender who was on the clock closed out for the night. The individual in question comes in a great deal. I gather from what took place, they were trying to sober him up. My cook who was not working decided to play bartender and try a flame drink, the flame drink burned the individual somehow, I guess by just stupidity by the cook and himself. Now the business is being sued for his damages. Both the employees are on leave until I get response too what happened and both agree they are to blame not the pub. We were closed at the time off the accident. Any help with this. Thanks

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You are ultimately responsible for injuries/damages caused by your employees - whether your establishment was open or closed. They are also individually liable but if there are damages they may not have the means to pay them. No matter what the individual who was injured says it would be foolish of him to move against only the employees and not the insured establishment.

Dram shop will also figure in because you say he was intoxicated, they tried to sober him up by serving him more alcohol - ?

Interestingly, I work on at LEAST 3 of these "flaming drink" injuries every year, mostly in the Summer. I've seen some really severe injuries and people whose clothing started on fire and additional burns were caused while trying to get the burning clothing off the individual.

What does your insurance carrier say? I would also get my Attorney on this right away because very often the State Alcohol/Beverage Board gets involved due to serving an intoxicated individual.

What happened in your defamation suit against the County?

Settle the law suit, your employees ( even though off the clock) in your place of business, using your equipment and supplies)

As I'm told the individual had gotten into a fight with the owner of another bar down the street. My employees were giving him water to sober up/ Im not at this business that much, only getting info from letters and what took place. Checking on insurance to see what we have on this type of issue. Judy-nothin yet on inspector, kind of a lost cause case. Too much good ole boy thing here. I think I'm in the drama zone. Back to pub, parents keep the thing running, not sure on insurance though. I have seen picts of the individual after issue, he is still out at other bars that haven't barred him and he looks the same. Not sure of the burn or where it happened.