Question

/v

Jerry had been drinking all evening at the Bonger Bar and became visibly intoxicated. The bartender continued to serve him. Thereafter, Jerry left the Bonger Bar and, still visibly intoxicated, went to Gordon’s Restaurant, where he had another drink. While driving home from Gordon’s Jerry drove his car in the wrong lane and crashed head-on with another car. Both Jerry and the driver of the other car suffered serious injuries. Both sued Gordon’s and Bonger Bar. Who is liable to whom?

Answer 1

As per the Liquor Control Act, serving of alcohol to the individuals who are already intoxicated, is prohibited. The reason behind the prohibition is that the intoxicated person cannot take decision on his own and it is the responsibility of the server to take a rational decision related to the serving of the alcohol. So, it is prohibited as it can cause damages, reflected in the given case.

Since bartenders of the Bonger Bar and Gordon’s restaurant were knowing that Jerry was intoxicated by his visible behavior and expressions, then these bar and restaurants have violated the rule and they both are liable towards driver of other car. Here, negligent behavior of the bartender and servers became the cause of the accident.   Intoxicated person can also make claim to these bar and retaurant for the damages as per liquor liability law as family members of the intoxicated person also require protection.