What would you do?

Last / Next  2010-04-30 07:45:33

Bill attended a reception at a restaurant with an open bar. Over 2 1/2
hours, it was determined that he consumed approximately nine drinks.
There were three bartender stations available; no bartender personally
served him more than three drinks.
One of the bartenders finally did detect a significant change in Bill’s behavior,
and when Bill requested another drink, that bartender refused to serve him and
called a manager.

The manager talked with Bill, determined that he was likely intoxicated, asked
for and received his car keys, and instructed a worker to drive Bill home and give the car keys to his wife. This was done; however, an hour after being taken home Bill was involved in a fatal one-car accident. His wife brought suit under dram shop legislation.


She stated that her husband was upset at his treatment by the manager and that she 'couldn’t stop him” when he took the car keys from her. She held the operation responsible because “They got him drunk.” As additional evidence of irresponsibility, she pointed to the tipping policy in place during open bars.

(Bartenders are paid a percentage of the revenue from the alcoholic beverages served. This leads, claimed her attorney, to overpouring, as bartenders seek to build revenue and, in so doing, their own income.)


TAG: restaurant-laws

restaurant`space Quote Delete restaurant   /   2010-04-30 07:46:53
Even if the manager and servers perform well, as in this case, it is important that policies
and procedures do not make it appear that the operation is irresponsible. The
lawyer will cite the tipping policy as evidence that the restaurant was encouraging the
overconsumption of alcoholic beverages by its guests. This will be an issue any time
drinks are discounted.
In this situation it does not appear that the restaurant served the guest while he
was intoxicated. In addition, it appears to have used due diligence and reasonable
care in delivering the guest safely to his home and entrusting the car keys to his wife.
The outcome might be different in this situation if, in fact, the restaurant had continued
to serve the guest while he was intoxicated.
 

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