Quote:
Originally Posted by Drury18
I think it's more the fact very rarely do these sorts of things come up in court as most times, both parties are at fault and it rarely goes past a lawyer consultation. That's what also makes me believe that Ferland's "celebrity" is the motivating factor for this case and even the lawyer taking it.
There are actually laws and regulations around over-serving patrons as well as ensuring that people on the premises are protected from intoxicated people. I believe that's why anyone working with alcohol has to take the ProServe course so that they learn the signs and all that to protect themselves and the workplace from liability.
http://www.ibc.ca/en/business_insura..._liability.asp
While I know this is a BC website (since Alberta's ProServe one is very "pay to learn" based) I believe the laws and liability in Alberta are similar. Perhaps one of our resident lawyers might be able to give more Alberta specific information: http://www.servingitright.com/alcoho...ppendix_2.html
I believe the fact that Ferland was drinking at their establishment that they could potentially say it was the establishments fault for serving him an excess of liquor which caused him to allegedly strike the accuser. Could also claim that as it happened on the bar premises, that they did not take proper care/security to ensure the safety of the patrons. |
My step-father in law (70 years old) was driving through Bowness and happened to hit a drunk woman that stumbled out on the street out in front of him. It was dark and about 12 midnight. She died.
Her daughters, who had been estranged to the 60 year old woman for some years, tried to sue him, as well as the bar that served her, because she was an alcoholic, and the bar didn't 'cut her off early enough.' They also claimed emotional damages although they hadn't seen her in over 10 years.
The case was thrown out pretty fast.
Good luck trying to sue a licensed establishment for providing business to a customer they are known for and open for. I understand the recognition of knowing when to cut a patron off, but ethics also come into play for allowing a grown adult autonomy over their decisions. In most cases, it won't stand as an argument, especially if the patron is able to walk and communicate under their own power.