Drunk Pitchers loser family sues stalled car owner

[CMPunk]

I dunno about the tow truck driver, but the bar can be held responsible for over serving him...at least in canada you can. I know when I worked in the liquor store, thats what they told us if we were to sell to an intoxicant

[pope04]

Clearly, his dealer and cell phone provider need a good dose of litigation, too.

[CaramonLS]

404 error on the article.

[Table 5]

I have no pity for drunks. Im sorry their son died but the fact that he was irresponsible enough to drink and drive and talk on the frickin phone at the same time...well, there's only one person to blame.

[Hemi-Cuda]

Originally Posted by Table 5

I have no pity for drunks. Im sorry your their died but the fact that he was irresponsible enough to drink and drive and talk on the frickin phone at the same time...well, there's only one person to blame.

i take it a step further, i'm GLAD he died. i'm glad that he took himself out before having a chance to take anyone else out with him. i equate this to a depressed, mentally unstable person who commits suicide before going on a shooting rampage, they did the world a favor.

too bad more drunk drivers didn't take his route, the roads would be a much safer place

[Titan]

Originally Posted by Hemi-Cuda

i take it a step further, i'm GLAD he died. i'm glad that he took himself out before having a chance to take anyone else out with him. i equate this to a depressed, mentally unstable person who commits suicide before going on a shooting rampage, they did the world a favor.

too bad more drunk drivers didn't take his route, the roads would be a much safer place

Wow. I can't believe you had the stones to write that.

I agree with you completely.

[Hemi-Cuda]

Originally Posted by Titan

Wow. I can't believe you had the stones to write that.

I agree with you completely.

well i've never really been one to sugar coat my opinions (for better and for worse) and certain topics, this one included, really push my buttons

if the parents are looking at someone to blame, maybe they should point the finger at themselves. there is no greater influence on a man's decisions than from those who raise him

[ricoFlame]

apparently in this day and age, everyone except for the person responsible is responsible for anything that happens to that person.

[Ford Prefect]

Yep, the sooner we all off ourselves the better. We're all defective in some way.

[Jayems]

so couldn't the tow truck driver and broken down car guy not counter-sue for damages and emotional problems?

Crap like this just drives me crazy about some Americans. You kid just killed himself in a drunken stooper, and you want to sue people?

Priorities.

[PsYcNeT]

Priority #1: $$$

[Dion]

Originally Posted by ricoFlame

apparently in this day and age, everyone except for the person responsible is responsible for anything that happens to that person.

Exactly! We live in an age where people don't like to take responsibility for their actions. It's to easy to try and blame something or someone for their actions.

[Resolute 14]

Originally Posted by PsYcNeT

Priority #1: $$$

Hey! What do you know? You CAN put a value on someone's life.

Betcha Mr. Hanc--k isn't worth nearly as much as a New York laywer's pants though.

[AvengeR]

Apparently, they are thinking of suing the police department for taking too long to clear the scene, and also the car manufacturer for not having a breathalizer system in the car to prevent the car from starting. How can these lawyers live with themsleves for making ridiculous lawsuits like this? What a joke.

While they're at it, why not sue the cell phone company for not having phones that turn itself off if it senses that you are in a moving vehicle. Then they can sue the city for allowing alcohol to be served in bars.

[rubecube]

Originally Posted by CMPunk

I dunno about the tow truck driver, but the bar can be held responsible for over serving him...at least in canada you can. I know when I worked in the liquor store, thats what they told us if we were to sell to an intoxicant

That bill never passed.

[fredr123]

Originally Posted by rubecube

That bill never passed.

What bill are you speaking of?

Canadian courts have found a duty of care to exist at common law as between a commercial host (bar, restaurant, hotel, etc) and their patrons. That same duty of care has not exactly been extended to social hosts, though, especially in the case of duties owed to third-parties (i.e., other users of the highway and members of the public).

See, for example, Stewart v. Pettie, [1995] 1 S.C.R. 131 (a Supreme Court decision on appeal from the Court of Appeal of Alberta):

A duty of care exists between alcohol‑serving establishments and their patrons who are unable to look after themselves after becoming intoxicated. The establishment may be required to prevent an intoxicated patron from driving where it is apparent that he or she intends to drive. A duty is also owed to third parties who might reasonably be expected to come into contact with the intoxicated patron, and to whom that patron may pose some risk. A sufficient degree of proximity existed here between the commercial host and the injured passenger giving rise to a duty of care between them. The fact that she was in the vehicle driven by the patron rather than the passenger or driver of another vehicle was irrelevant for purposes of duty of care. The duty of care arose because she was a member of a class of persons who could be expected to be on the highway. It is this class of persons to whom the duty is owed.

[Winsor_Pilates]

Originally Posted by AvengeR

Apparently, they are thinking of suing the police department for taking too long to clear the scene, and also the car manufacturer for not having a breathalizer system in the car to prevent the car from starting. How can these lawyers live with themsleves for making ridiculous lawsuits like this? What a joke.

While they're at it, why not sue the cell phone company for not having phones that turn itself off if it senses that you are in a moving vehicle. Then they can sue the city for allowing alcohol to be served in bars.

How about for not having a phone with a built in breathalizer that turns itself off when it detects a drunk.
that device would prevent drunks from talking while driving, and all those drunk phone calls people make and regret the next day.

[Crazy Flamer]

The parents are grieving and that understandable. They are looking for someone to blame and I also sympathize with that. However, the only one to blame is their son.

Holding the bar responsible? I don't agree with that. Think about it. Why should it be the responsibility of some 20 year old waitress running around like a chicken with her head cut off on a busy Saturday night to monitor her patron's alcohol consumption? And even if she did, would she cut everyone off if they had more than 1 drink an hour? Are bars now supposed to tell people how much they should and shouldn't drink?

It is a person's own responsibility to monitor their own alcohol consumption. If you have troubles doing that, then please proceed to 12 step program nearest you.

[Locke]

Man, I'm glad my stupors dont end like that. See, he knew he was too drunk to drive and went looking for a tow truck, it just didnt end very well.

Locke.

[the-rasta-masta]

Originally Posted by Crazy Flamer

The parents are grieving and that understandable. They are looking for someone to blame and I also sympathize with that. However, the only one to blame is their son.

Holding the bar responsible? I don't agree with that. Think about it. Why should it be the responsibility of some 20 year old waitress running around like a chicken with her head cut off on a busy Saturday night to monitor her patron's alcohol consumption? And even if she did, would she cut everyone off if they had more than 1 drink an hour? Are bars now supposed to tell people how much they should and shouldn't drink?

It is a person's own responsibility to monitor their own alcohol consumption. If you have troubles doing that, then please proceed to 12 step program nearest you.

As a waiter, I know that we have to offer cabs to our patrons if they are obviously drunk. We need to offer once on our own, and then once with a witness so that the person can't sue us if he refuses the cab and kills somebody or himself driving home.