[giveitup1026]

My husband and I had a drink (1) at our home before going out downtown Saturday night. Keep in mind this is a college town where a lot of kids are getting wasted. We go to the bar and the line is long so we step into the bar next door to warm up and have one drink, which we split, and a water. After 20 minutes we go to the bar next door and pay the $10 dollar cover charge and head downstairs. We are waiting at the bar to order for less than 10 min. when the world starts closing in on me. I fainted. I am 23, 120lbs and have never fainted before in my life. I was by no means intoxicated at this time. I had 2 drinks, which I split with my husband. When the bartender noticed I was unconscious, he yelled at my husband to remove me from the bar. I am not heavy, but he was struggling to lift my dead weight. He asked them for water and they refused. They continued to yell at him to get me out. One helped carry me out and left us on the street. I am wondering why they didn't call me an ambulance and if there is any negligence here. Thanks

[excon]

Hello give:

Well, I suppose if you were having a hear attack and they threw you out, you might have some recourse against them... But, there were no damages, hence no negligence.

excon

[giveitup1026]

I am so curious why the police were not called and how they can just throw someone in trouble out. Plus this is a college town where they are trying to limit deaths due to alcohol... I just see this a lawsuit waiting to happen, if not by me, by the mother of the drunk college kid who died in the 30 degree weather because they dragged her out of the place unconscious and left her on the street.

[bobloblaw]

I agree, they had some obligation to call for help. Legally it would be hard to prove negligence if you were not injured. However, I would report it to the bar owner, and get help.

I would be more concerned with the fainting. I have had (also my dad and sister) experiences with fainting, its called Neurally Mediated Syncope (NMS). I experienced it from age 17 - 24 - my sister who is 24 just had her first episode of fainting a few months ago. My father hasn't had an episode for over 10 years, and its been nearly 5 for me.

It could be something more serious - a thyroid condition or soemthing else. Id get to a doc.

Syncope (medicine) - Wikipedia, the free encyclopedia

[Fr_Chuck]

Did you or hubby have a cell phone ? If so why did he not call for help,

And so they yelled, so what, he yells back and says call someone.

Why did he not do more

[twinkiedooter]

The bar is not negligent. You fainted. If you had a cell phone between you and your husband HE could have called for help. Ask hubby why he didn't call for help on your behalf. You have no damages as you just fainted.

[JudyKayTee]

Did you or hubby have a cell phone ? if so why did he not call for help,

And so they yelled, so what, he yells back and says call someone.

why did he not do more

I HATE it when FrChuck beats me to it - so they yelled. So your husband yells louder and DEMANDS medical attention and refuses to pick you up and drag you out of there.

And depending on how long you were unconscious, you wake up and YOU yell for medical attention.

And then the Police come and everybody gets breathalyzed and then if there is any fault on their part (you tripped on unsafe stairs or something) and you have permanent injury/damage you have grounds to sue.

I'm rather surprised that a bar allows 2 people "in" and they share a drink.

(I do at least one "bar case" a week and when there's a problem all the bar usually wants - particularly college and sports bars - is for you NOT to be treated inside the bar because they are attempting to protect their license to serve whether you have or have not had too much to drink.)

[JudyKayTee]

[QUOTE=giveitup1026 disagrees: Why is it necessary to yell? Any other place, restaurant, store, etc. would call for help... It is not resonable to get rid of someone in trouble!


First, I would suggest you read the rules for agreeing/disagreeing with posts.

But I'll answer your question - you asked a LEGAL question on a LEGAL board. This is not the moral or ethical or what is reasonable board. I'm a liability investigator. I answered the question with legal and a touch of personal advice.

If I suddenly fainted and my husband was told to remove me from the establishment he would not have done so and medical/Police personnel would have been called.

I'll hand your question back to you and anyone else who would like to read this thread and vote - you suddenly faint in your tracks after sharing 1, possibly 2, drinks, with no previous history, and your husband, in response to the owners/bartender/bouncers yelling at him, picks you up and drags or carries you out? Is that reasonable behavior on his part?

And I repeat - I do investigations in bars all the time. The bar wants you out of there because they aren't going to risk their alcohol license because "maybe" you've had too much to drink. Sorry you don't like the answer but that's how it works where I live and work.

I'll even take it one step further - if you had been seriously ill and had sued my money is on your husband being found partially negligent. It's the old "If they had told him to jump off a bridge, would he have done it?"

[giveitup1026]

JadeKayTee- The only thing I got from your post was your opinion... That's what upset me. No advice, nothing. Just bragging and opinion. I got ahold of a lawyer where I live and we have started action against the bar. So thanks for nothing.

[JudyKayTee]

JadeKayTee- The only thing I got from your post was your opinion... That's what upset me. No advice, nothing. Just bragging and opinion. I got ahold of a lawyer where I live and we have started action against the bar. So thanks for nothing.

What are your grounds when you have already stated you had no injuries - come back and let us know how much the Attorney sued for as well as the basis for the claim - and what the final outcome was. I don't know what you perceived to be "bragging" - this is what I do for a living so it's an expert opinion for which I actually get paid.

On the other hand this will probably boil down to dram shop and I work for the largest dram shop carrier in the Country so I'll hear about it sooner or later.

Also - this is not a message board and I have asked that this thread be closed.

And it's Judy Kaytee - you may want to brush up on your reading skills before you go to Court.

And you're welcome. The people who answered you have posted collectively over more than 49,500 times - and you've posted 3 times and managed to give at this count 3 "disagrees." That alone says a lot.

[twinkiedooter]

JadeKayTee- The only thing I got from your post was your opinion... That's what upset me. No advice, nothing. Just bragging and opinion. I got ahold of a lawyer where I live and we have started action against the bar. So thanks for nothing.

I meant to DISAGREE with you and hit the wrong button as I very rarely disagree with anyone.

Judy has been an investigator for a long time. She went to school for this profession. Just because you consulted with an attorney means virtually nothing. Attorneys will file lawsuits against anyone if they think they can make a few bucks. I was a paralegal for 15 years and worked both sides of the street - personal injury plaintiff and insurance defense - so I can very well see you have no case as there are NO physical injuries. Just failing to call for an ambulance or whatever I don't forsee as negligence. You could have had more to drink than you are telling us here plus why did you faint? Was that ever determined? And if you did faint, pass out, etc. why didn't a helpful bystander call for you instead of relying on the bartender or bouncer? What are your damages, if any for a suit?

FYI - We are all volunteers here on AMHD and enjoy helping people with their questions. We don't get paid a dime.