I\’ve adjudicated a few dram shop cases in our office, although others have handled hundreds across the country. These cases are tough to defend because you often have juries that feel sorry for the injured person or deceased, who is normally an innocent third party.
In this case, the drunk is also the injured person.
There is going to come a time where people can\’t afford to own a bar/restaurant, due to injustices like this.
I feel bad for the kid. BUT, he brought it all onto himself. Let his parents health insurance or the government take care of his bills.
I have to concur with the consensus on this one. I also have worked in the restaurant industry, and it is impossible to monitor everything that goes on in a restaurant. I worked at an Olive Garden where a full staff of servers was 26 (that doesn\’t count cooks, busers, hosts, bar tenders, cooks, dish and mgmt. At any given time you could have 50+ employees.
Also, these jobs come pretty easy to the employees. You can bounce from rest. to rest. for years. The loyalty of most restaurant employees I\’ve met is definitely to their fellow food warriers and not the restaurant. Hopefully, the restaurant doesn\’t have to pay. Carrabas is owned by the same people as Outback, Flemings and a few others, so I\’m sure they have in house counsel that has been in this situation before. It is unfortnate, though, they have to go through it at all.
Perhaps the establishments that are being named in the suit would like to sue the parents for bringing their child up to be deceitful & lie about his age… now there\’s an idea I can see working!
I think they need to counter sue the parents & the company that produced the fake ID. Heck, go ahead & sue the kid for lying & being deceitful too, maybe they willmake back more than they woudl have had to pay!
Okay gang…I guess I started this rant..I have a few more \”sense\” to add…
Totally disagree with the lawsuit on the fake ID company. This guy makes a living selling a novelty to teenagers, he does not however tell them how or where to use them. I am not saying I admire the guy…but he isn\’t at fault for the kids actually using the ID\’s.
I also disagree with a statement I saw suggesting that the government pay his bills. The government would be using our money to pay for this moron\’s blatant stupidity for the rest of his life…ummm…no sir!!!
Simply stated: Let the parents take care of the son. They didn\’t teach enough right and wrong or in Texas (where I live) they didn\’t whoop him enough. As for Nunez…well given that he is now a paraplegic for the rest of his life…he is already serving a life sentence…not much more you can do to him.
#1. He will win the suit with a jury that awards the pitiful from the plentiful.
#2. He will be delinquent on paying his medical bills.
#3. He will get SS Disability until he dies & will qualify for other Government programs designed to help those less fortunate & get enough money to live comfortably, but not extravagantly.
#4. His Parents will hire someone in their family to be a care giver & charge the State for the services.
Bottom line is that through it all… We pay the bills.
That is all that I can predict at this time, based on what I have read….
Slow down, we sue the restaurant for the alcohol but not the guy who made the fake ID becasue, \”he does not however tell them how or where to use them\”. So the restaurant should not be liable on the basis of the same arguement, they served the acohol but its not their duty to tell you what to do with it… Sorry, doesn\’t hold water. It is illegal to sell fake IDs, as a novalty or whatever. He should be named in the suit as well.
I agree with you on the government paying the bills. Unfortuantly, he will go before a disability judge who will do \”the compasionate thing\”… We will get stuck with the bill in the end.
I wasn\’t aware that the manufacture of fake ID\’s was illegal. After some quick research, you are correct, it is not only illegal to possess a fake ID, but also illegal to make them. My appologies…that guy should also be named in the suit.
Of course, that is still placing blame on someone else than the actual guilty party…sure some or all played a role…but the only one that made the whole problem occur was the actions of the one that used the fake ID, drank underage, and then drove drunk. The others didn\’t make him do anything out of his own free will. For instance, a gun maker can\’t be liable if a customer takes the gun and shoots someone with it. (this was just an example..not trying to start a gun control discussion)
I grew up knowning that you don\’t drink and drive. So when I went to a party with friends when I was 15 and they all drank you know what I did? I went and took the keys from the driver and I drove 5 drunk people home with a learner\’s permit. This kid had no brains. Even small children hear the slogan don\’t drink and drive it\’s against the law.
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I\’ve adjudicated a few dram shop cases in our office, although others have handled hundreds across the country. These cases are tough to defend because you often have juries that feel sorry for the injured person or deceased, who is normally an innocent third party.
In this case, the drunk is also the injured person.
There is going to come a time where people can\’t afford to own a bar/restaurant, due to injustices like this.
I feel bad for the kid. BUT, he brought it all onto himself. Let his parents health insurance or the government take care of his bills.
I have to concur with the consensus on this one. I also have worked in the restaurant industry, and it is impossible to monitor everything that goes on in a restaurant. I worked at an Olive Garden where a full staff of servers was 26 (that doesn\’t count cooks, busers, hosts, bar tenders, cooks, dish and mgmt. At any given time you could have 50+ employees.
Also, these jobs come pretty easy to the employees. You can bounce from rest. to rest. for years. The loyalty of most restaurant employees I\’ve met is definitely to their fellow food warriers and not the restaurant. Hopefully, the restaurant doesn\’t have to pay. Carrabas is owned by the same people as Outback, Flemings and a few others, so I\’m sure they have in house counsel that has been in this situation before. It is unfortnate, though, they have to go through it at all.
Perhaps the establishments that are being named in the suit would like to sue the parents for bringing their child up to be deceitful & lie about his age… now there\’s an idea I can see working!
I think they need to counter sue the parents & the company that produced the fake ID. Heck, go ahead & sue the kid for lying & being deceitful too, maybe they willmake back more than they woudl have had to pay!
You go Duhhh – maybe the establishment can sue the kid for intentional fraud due to the fact that he ordered drinks knowing he had the fake i.d.
Yeah For Real!
Now that\’s what I\’m talking about – it comes back down to Personal Accountability!
Thanks Ben for throwing that out into the mix – I think it\’s good to be accountable for what you do!
Have a great day!
Okay gang…I guess I started this rant..I have a few more \”sense\” to add…
Totally disagree with the lawsuit on the fake ID company. This guy makes a living selling a novelty to teenagers, he does not however tell them how or where to use them. I am not saying I admire the guy…but he isn\’t at fault for the kids actually using the ID\’s.
I also disagree with a statement I saw suggesting that the government pay his bills. The government would be using our money to pay for this moron\’s blatant stupidity for the rest of his life…ummm…no sir!!!
Simply stated: Let the parents take care of the son. They didn\’t teach enough right and wrong or in Texas (where I live) they didn\’t whoop him enough. As for Nunez…well given that he is now a paraplegic for the rest of his life…he is already serving a life sentence…not much more you can do to him.
#1. He will win the suit with a jury that awards the pitiful from the plentiful.
#2. He will be delinquent on paying his medical bills.
#3. He will get SS Disability until he dies & will qualify for other Government programs designed to help those less fortunate & get enough money to live comfortably, but not extravagantly.
#4. His Parents will hire someone in their family to be a care giver & charge the State for the services.
Bottom line is that through it all… We pay the bills.
That is all that I can predict at this time, based on what I have read….
Slow down, we sue the restaurant for the alcohol but not the guy who made the fake ID becasue, \”he does not however tell them how or where to use them\”. So the restaurant should not be liable on the basis of the same arguement, they served the acohol but its not their duty to tell you what to do with it… Sorry, doesn\’t hold water. It is illegal to sell fake IDs, as a novalty or whatever. He should be named in the suit as well.
I agree with you on the government paying the bills. Unfortuantly, he will go before a disability judge who will do \”the compasionate thing\”… We will get stuck with the bill in the end.
I wasn\’t aware that the manufacture of fake ID\’s was illegal. After some quick research, you are correct, it is not only illegal to possess a fake ID, but also illegal to make them. My appologies…that guy should also be named in the suit.
Of course, that is still placing blame on someone else than the actual guilty party…sure some or all played a role…but the only one that made the whole problem occur was the actions of the one that used the fake ID, drank underage, and then drove drunk. The others didn\’t make him do anything out of his own free will. For instance, a gun maker can\’t be liable if a customer takes the gun and shoots someone with it. (this was just an example..not trying to start a gun control discussion)
I grew up knowning that you don\’t drink and drive. So when I went to a party with friends when I was 15 and they all drank you know what I did? I went and took the keys from the driver and I drove 5 drunk people home with a learner\’s permit. This kid had no brains. Even small children hear the slogan don\’t drink and drive it\’s against the law.