The plaintiff was the victim in the accident, NOT the drunk. The drunk didn’t blame anyone. The victim is looking for someone with deep pockets. My guess is the bar was sued, too.
Basically, the suit was thrown out because the friends didn’t have the ‘authority’ to control his intake of alcohol. So if a friend leaves my house and hits someone, does that mean who they hit can sue ME? Even if the friend doesn’t hold me responsible for their stupidity- can a court hold me liable for it?
Now I’m wondering if the next party I throw could cost me my house. My friends wouldn’t sue me because they were stupid, but if they hit someone else on the way home, that someone could own my house?
I would say that when you serve drinks to a friend at your house, then you certainly have a legal (forget about ethical or moral issue) responsibility to make sure that they are under control when they leave. It’s called Host Liquor Liability, and I believe normally covered under a Homeowners policy. No different than a bar exposure (other than the fact that your friends don’t normally pay for the refreshments).
And putting aside the actual adjudication results, you would certainly incur defense costs in averting the blame.
A moral issue has nothing to do with friends showing up with coolers in the back of their trucks. I can’t control what they drink before, during, or after. Most of the time I don’t even look in their coolers to see how much they have/had. Nor do I expect them to look in my cooler to ‘oversee’ how much I’m drinking.
We can’t throw parties where we ‘serve’ – too expensive. LOL. Usually it’s a ‘where are we meeting this week’. Everybody brings their own and the cost stays down. Of course, I’m rethinking that now…………
These type of horror stories are in the news every single day. Alcohol kills and ruins lives. We should ban alcohol in this country as we obviously don’t know when to say when! Since it’s not logical to ban we should at least throw people in jail for 30 years for a first alcohol related driving offense. An insurance policy should not pay for this type of criminal activity.
Interesting but flawed idea. The government tried Prohibition and it didn’t work. More people made liquor at home than ever before (or since) and bars sold everything from cleaning fluid to rat poison under label of liquor.
And the Seagrams and Kennedys and others made brazilians of dollars getting the product to the buyer.
The law allows an individual the ability to screw up but it cannot stop criminal activity from occurring.
Frankly I’d like to get my Aunt arrested for serving me too much turkey at Thanksgiving. All that dopamine (??) in the turkey nearly made me fall asleep at the wheel on the way home. My fault, hers, or the birds?
there was another article on here not too long ago…some rugby players at a university had a house party and one of the minors drank, left the party, fell into a creek and died (er something like that). the parents successfully sued the two men who lived in the house (who were both of age) for serving their minor son and letting him leave the party so drunk…
Not trying to prove a point, just letting you know…it’s out there!!
I think anymore, it’s not what is right and what is wrong…it’s what you can get a jury to empathize with. if they can see themselves in the person seeking damages, then BAM, that person has more than likely hit the jackpot. (kind of like the hot coffee mcdonalds law suit…frivolous to most, but how many people would like several million for burning themselves on hot coffee…)
Dawn, you are, indeed, the “host” even if you do not check out everyones coolers. If your friend consume some more alcohol at your house, you can become responsible for letting them leave when the “prudent” person would not have. Make ’em stay the night & party on!
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The plaintiff was the victim in the accident, NOT the drunk. The drunk didn’t blame anyone. The victim is looking for someone with deep pockets. My guess is the bar was sued, too.
Basically, the suit was thrown out because the friends didn’t have the ‘authority’ to control his intake of alcohol. So if a friend leaves my house and hits someone, does that mean who they hit can sue ME? Even if the friend doesn’t hold me responsible for their stupidity- can a court hold me liable for it?
You posted the same time I did. LOL.
Now I’m wondering if the next party I throw could cost me my house. My friends wouldn’t sue me because they were stupid, but if they hit someone else on the way home, that someone could own my house?
I would say that when you serve drinks to a friend at your house, then you certainly have a legal (forget about ethical or moral issue) responsibility to make sure that they are under control when they leave. It’s called Host Liquor Liability, and I believe normally covered under a Homeowners policy. No different than a bar exposure (other than the fact that your friends don’t normally pay for the refreshments).
And putting aside the actual adjudication results, you would certainly incur defense costs in averting the blame.
Life used to be simpler.
A moral issue has nothing to do with friends showing up with coolers in the back of their trucks. I can’t control what they drink before, during, or after. Most of the time I don’t even look in their coolers to see how much they have/had. Nor do I expect them to look in my cooler to ‘oversee’ how much I’m drinking.
We can’t throw parties where we ‘serve’ – too expensive. LOL. Usually it’s a ‘where are we meeting this week’. Everybody brings their own and the cost stays down. Of course, I’m rethinking that now…………
These type of horror stories are in the news every single day. Alcohol kills and ruins lives. We should ban alcohol in this country as we obviously don’t know when to say when! Since it’s not logical to ban we should at least throw people in jail for 30 years for a first alcohol related driving offense. An insurance policy should not pay for this type of criminal activity.
Interesting but flawed idea. The government tried Prohibition and it didn’t work. More people made liquor at home than ever before (or since) and bars sold everything from cleaning fluid to rat poison under label of liquor.
And the Seagrams and Kennedys and others made brazilians of dollars getting the product to the buyer.
The law allows an individual the ability to screw up but it cannot stop criminal activity from occurring.
Frankly I’d like to get my Aunt arrested for serving me too much turkey at Thanksgiving. All that dopamine (??) in the turkey nearly made me fall asleep at the wheel on the way home. My fault, hers, or the birds?
You’re cracking me up!! :)
there was another article on here not too long ago…some rugby players at a university had a house party and one of the minors drank, left the party, fell into a creek and died (er something like that). the parents successfully sued the two men who lived in the house (who were both of age) for serving their minor son and letting him leave the party so drunk…
Not trying to prove a point, just letting you know…it’s out there!!
I think anymore, it’s not what is right and what is wrong…it’s what you can get a jury to empathize with. if they can see themselves in the person seeking damages, then BAM, that person has more than likely hit the jackpot. (kind of like the hot coffee mcdonalds law suit…frivolous to most, but how many people would like several million for burning themselves on hot coffee…)
Dawn, you are, indeed, the “host” even if you do not check out everyones coolers. If your friend consume some more alcohol at your house, you can become responsible for letting them leave when the “prudent” person would not have. Make ’em stay the night & party on!
If they’d give me a few million I’d take a shower in hot coffee!
I guess stupid pays these days.
On the other hand, I can be stupid- where’s my check?
Can you tell I’m SO ready for the holiday?
Just make sure you don’t let your friends drink and play with fireworks tomorrow.
Imagine how your jury will look at your defense.