Sorry Ladies, I will never buy you a drink again!

[Thunderknuckles]

Texas is charting new legal ground in this sad case where a women killed a couple of teenagers while driving drunk. As sad as this is, the scary part is they are charging the guy who bought her booze at the bar prior to her leaving and getting into the accident! They are using a section of Texas law dealing with the sale of Alcohol to an intoxicated person and have somehow determined that the guy was party to a sale. He could spend a year in jail for it. I hop this precedent is not set otherwise I will never buy anyone a drink again!!

http://abcnews.go.com/US/texas-man-charged-giving-drinks-woman-fatal-crash/storynew?id=19883948 (http://abcnews.go.com/US/texas-man-charged-giving-drinks-woman-fatal-crash/storynew?id=19883948)

[Trigg]

Texas is charting new legal ground in this sad case where a women killed a couple of teenagers while driving drunk. As sad as this is, the scary part is they are charging the guy who bought her booze at the bar prior to her leaving and getting into the accident! They are using a section of Texas law dealing with the sale of Alcohol to an intoxicated person and have somehow determined that the guy was party to a sale. He could spend a year in jail for it. I hop this precedent is not set otherwise I will never buy anyone a drink again!!

http://abcnews.go.com/US/texas-man-charged-giving-drinks-woman-fatal-crash/storynew?id=19883948 (http://abcnews.go.com/US/texas-man-charged-giving-drinks-woman-fatal-crash/storynew?id=19883948)


I hope this is shot down. I can't imagine that anyone would think charting a patron at a bar, is a good idea.

[fj1200]

I hop this precedent is not set otherwise I will never buy anyone a drink again!!

How is this different than serving alcohol at your house? I wonder who delivered the drinks; the buyer or a bar employee.


I hope this is shot down. I can't imagine that anyone would think charting a patron at a bar, is a good idea.

Allegedly more than just a patron.

[Thunderknuckles]

How is this different than serving alcohol at your house? I wonder who delivered the drinks; the buyer or a bar employee.
What's he law on serving alcohol at, say, a dinner party where one of your guests get's into a drinking and driving accident afterwards. Can you be held accountable?
I honestly don't know but if you can, I completely disagree with it.

Aside from that, do we really want to go down that road where you can be held accountable for buying someone a drink at a bar prior to them doing something stupid?

[jimnyc]

How is this different than serving alcohol at your house? I wonder who delivered the drinks; the buyer or a bar employee.

If I have a party at my house, and supply all the alcohol for a miniscule fee, and someone shares alcohol with a girl he thinks he'll get luck with - who would be responsible if she has an accident when leaving? The home owner or the drunk guy looking to get laid? I've son tons and tons of homeowners found responsible for serving alcohol to someone in an accident, but never saw a single case of a visitor getting the blame. Same as in this story, I've seen bars held responsible for over-serving people that are too drunk already, but have never seen a single case of a patron being held responsible at an establishment that serves drinks.

[fj1200]

What's he law on serving alcohol at, say, a dinner party where one of your guests get's into a drinking and driving accident afterwards. Can you be held accountable?
I honestly don't know but if you can, I completely disagree with it.

Aside from that, do we really want to go down that road where you can be held accountable for buying someone a drink at a bar prior to them doing something stupid?

I believe that the standard has been set that you are liable if you serve a guest too much alcohol in your house. That could vary by state though. Why would you not be liable for things that you were instrumental in?

I would add though if the buyer paid the bartender then the bartender delivered the drink that liability would stop at the bar.

[fj1200]

If I have a party at my house, and supply all the alcohol for a miniscule fee, and someone shares alcohol with a girl he thinks he'll get luck with - who would be responsible if she has an accident when leaving? The home owner or the drunk guy looking to get laid? I've son tons and tons of homeowners found responsible for serving alcohol to someone in an accident, but never saw a single case of a visitor getting the blame. Same as in this story, I've seen bars held responsible for over-serving people that are too drunk already, but have never seen a single case of a patron being held responsible at an establishment that serves drinks.

I'm not surprised by what you've found but what is the difference between Leisure Suit Larry buying alcohol from the package store and serving it to an ultimately drunk guest and the Larry buying the alcohol from the bartender, who had no knowledge of where it went after that point, and giving it to an ultimately drunk friend? I submit that there is no real difference in those scenarios.

I also think if you serve and supply for a fee at your house you're definitely opening up for some higher liabilities.

[jimnyc]

I would add though if the buyer paid the bartender then the bartender delivered the drink that liability would stop at the bar.

Then at a home, when a friend goes to the "bar" and gets him and his 10 inebriated friends a drink, the responsibility of the homeowner ends there, no?

[jimnyc]

I'm not surprised by what you've found but what is the difference between Leisure Suit Larry buying alcohol from the package store and serving it to an ultimately drunk guest and the Larry buying the alcohol from the bartender, who had no knowledge of where it went after that point, and giving it to an ultimately drunk friend? I submit that there is no real difference in those scenarios.

I also think if you serve and supply for a fee at your house you're definitely opening up for some higher liabilities.

Apparently not, so long as the person who may have an injury afterwards wasn't the one standing up to get his own alcohol. :)

[fj1200]

Then at a home, when a friend goes to the "bar" and gets him and his 10 inebriated friends a drink, the responsibility of the homeowner ends there, no?

Ideally? Probably but I tend to think the homeowner is going to get the blame and get sued regardless. It also depends on what the homeowner knew.


Apparently not, so long as the person who may have an injury afterwards wasn't the one standing up to get his own alcohol. :)

I was just thinking that when one is acting like a bar owner.

[Tyr-Ziu Saxnot]

Texas is charting new legal ground in this sad case where a women killed a couple of teenagers while driving drunk. As sad as this is, the scary part is they are charging the guy who bought her booze at the bar prior to her leaving and getting into the accident! They are using a section of Texas law dealing with the sale of Alcohol to an intoxicated person and have somehow determined that the guy was party to a sale. He could spend a year in jail for it. I hop this precedent is not set otherwise I will never buy anyone a drink again!!

http://abcnews.go.com/US/texas-man-charged-giving-drinks-woman-fatal-crash/storynew?id=19883948 If the did not pour the drink down her throat himself he should bear no responsibility. Which just means he didn't force her to drink it. Its dumbass bull to punish the guy. Now I've never been one to try to get the girl drunk. Its an entirely different thing getting a girl a drink to get her in a happy mood and actually trying to get her drunk. Myself, I always could not stand a drunk girl. I always wanted to monkey dance if it happened to be a very willing activity by both parties. Call it what you like but I've turned down encounters even with very beautiful women because they were just too drunk. -Tyr

[Kathianne]

The bar settled with the survivor and the victims families. What the prosecutor's point seems to me to be is that this guy and some others were plying an obviously inebriated person with more shots. No one prevented her from getting behind the wheel. The article I read said she had not bought anymore drinks after midnight, but others bought her 10 more, this guy 3 of them in less than 10 minutes. While I wonder if the bartender/waitress had 'cut her off' at midnight, but in any circumstances were aware that she was beyond able to drive? From the sounds of things, the others were encouraging more drinking-then let her go into a car.

I do think liability laws vary from state to state, IL is a highly regulated state. Most bars/restaurants will not serve one person more than 3 drinks in 2 hours-for liability reasons. A liquor license, whether retail or serving has strict rules for employees regarding sales. If one smells alcohol on someone trying to buy more, immediate assessment is required whether or not the person is already UI. Any doubt requires no sale. "Slurring of words, unsteadiness, flushed appearance" i.e., same criteria used by police. It is not unusual for the police to sit in parking lot of retail establishments and monitor those purchasing. IF they question someone THEY deem UI, the liquor license is in jeopardy and the person that sold it can be fined over $1000 and lose their servers permit.

In this state if you serve alcohol in your home, for fee or not, you are liable if someone is stopped for being UI. In other words, if you are permitting anyone to 'drink what they will, and not monitor their ability to drive and let them leave, and they are caught or involved in an accident,' you will be held liable.

[fj1200]

If the did not pour the drink down her throat himself he should bear no responsibility.

So there should be no consequences for him enabling an impaired individual?

[red state]

Sadly, I live in an area that is becoming "WET" whereas we have enjoyed the safety in being DRY. My county and three or four others are the last to sell out. In fact, a vote is coming up to allow beer and spirits into our town BUT the county can not vote. This is wrong because the county folks (myself included) have to pay both county and town taxes!!! This is just another shady way that the leftists have in fighting dirty.

Look, I don't mind if you have a cold one but I prefer that this easy access is NOT in our community (just as I would not care for a strip bar or dope house being put in down the street). Alcohol (IS) a drug just as much as cocain and other drugs in that its sole purpose is to get a buzz. Again, I don't mind you having a cold one but the stats are in my favor to suggest that such communities are better off without ANY "entertainment drugs". If I were able to vote in the coming town ordinance and if I voted YES to alcohol, I'd certainly prefer FULL freedom and have mary J become legal as well. I see no harm in some other drug if we're going to give the green light for another.

In closing, I agree with TYR and if this Nation doesn't start to "MAN UP", we're going to continue to decline. That bar owner does not have a responsibility in what his customers do no more than casinos are responsible for the crimes that their customers do in supporting their habit.

Hopefully, my local town will defeat the legalization of alcohol because we have enjoyed the Mayberry atmosphere for almost 200 years. As one of the earps said in TOMBSTONE: "We're not saying you can't own guns. We're not even saying you can't carry them. Ya just can't carry them in town." Same here....WE the majority vote and our elected "peace officers" never stopped folks from drinking....just didn't allow them to sell, distribute and drink publicly. I know many reading this may be shocked to know that there are still remnants of prohibition but it is true and it has worked quite well in the philosophy that if you don't LOVE IT.....LEAVE IT. Our founders were quite clear on this when they set up STATE RULE over FEDERAL RULE *(to a certain extent). I'm not looking for an argument....all I can testify to is a lower crime rate, alcohol related accidents/deaths and an over-all HAPPY community.

[Tyr-Ziu Saxnot]

So there should be no consequences for him enabling an impaired individual? Not unless he forced her to drink it and then forced her to drive. Individual responsibility needs to be restored. Currently there is far too much of always blaming somebody else when the blame goes to the person that willingly does the deed. She willingly drank the booze then she willingly drove! Is she not to be held responsible for her own actions or are we as a society going to start sharing blame and writing laws to punish anybody that enables in anyway a person that then decides to commit an illegal act? I take a very dim view of what they guy did and would call him a lousy individual but it does not warrant him being fined or imprisoned IMHO.-Tyr

[fj1200]

Not unless he forced her to drink it and then forced her to drive. Individual responsibility needs to be restored. Currently there is far too much of always blaming somebody else when the blame goes to the person that willingly does the deed. She willingly drank the booze then she willingly drove! Is she not to be held responsible for her own actions or are we as a society going to start sharing blame and writing laws to punish anybody that enables in anyway a person that then decides to commit an illegal act? I take a very dim view of what they guy did and would call him a lousy individual but it does not warrant him being fined or imprisoned IMHO.-Tyr

Oh she's already being held responsible but why do you dismiss the responsibility that the provider of the drinks should have?

[Tyr-Ziu Saxnot]

Oh she's already being held responsible but why do you dismiss the responsibility that the provider of the drinks should have? I only dismissed any legal/criminal responsibility. I did not dismiss any responsibility such men should be held to by her relatives. Say it was my sister, I'd have the responsibility to make a decision what to do about it. I'd hunt the guy up and stomp his ass. I'd do that for several reasons and because I 've always had since even before adulthood that ability and ATTITUDE!! So in a way you see I do not hold they are innocent other than what the law should be allowed to do to them. -TYR

[Larrymc]

Texas is charting new legal ground in this sad case where a women killed a couple of teenagers while driving drunk. As sad as this is, the scary part is they are charging the guy who bought her booze at the bar prior to her leaving and getting into the accident! They are using a section of Texas law dealing with the sale of Alcohol to an intoxicated person and have somehow determined that the guy was party to a sale. He could spend a year in jail for it. I hop this precedent is not set otherwise I will never buy anyone a drink again!!

http://abcnews.go.com/US/texas-man-charged-giving-drinks-woman-fatal-crash/storynew?id=19883948 (http://abcnews.go.com/US/texas-man-charged-giving-drinks-woman-fatal-crash/storynew?id=19883948)Good thing those days are behind me.:laugh: