A question asked to my youngest

dwna1a

Well-Known Member
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Apr 23, 2012
5,974
James River
Boat Info
88 Weekender 300 "Seahorse"
Engines
Twins 350
So the county funded a microbrewery at out marina and my youngest took a summer job there while she is home from school. She's old enough to handle the over drinkers but I do still worry some.

A boater came in today, tied up to the bulkhead and went up to the brewery. About a hour later she called and asked this question, the guy wanted to know how many beers could he have before the CG would bother him? She told him she did not know but the marine PD at the fuel dock would be more than happy to help.

Let the holiday begain...
 
So the county funded a microbrewery at out marina and my youngest took a summer job there while she is home from school. She's old enough to handle the over drinkers but I do still worry some.

A boater came in today, tied up to the bulkhead and went up to the brewery. About a hour later she called and asked this question, the guy wanted to know how many beers could he have before the CG would bother him? She told him she did not know but the marine PD at the fuel dock would be more than happy to help.

Let the holiday begain...

Here on Clear Lake we have boats with coolers full of beer and boat drivers drinking until they can barely hold on the wheel to steer the boat. Local LE doesn't do a thing.

But let the local CG Auxiliary see a boat underway with someone sitting on the bow and watch them spring into action!
 
While I was putt putting back to the marina last night there were patrol boats having a chat (w/lights a flashing) with folks on the TN river near Chattanooga. It's nice to see them out on the water late in the evening.
 
Good answer. But the pub should have a policy in place to prevent drunk boaters leaving their place. I think the pub could be liable for letting a drunk boater leave the dock.
 
The guy asked her a simple question, probably more of a pickup line than anything. Anyone that drinks and drives should know what the limit is. It's legal to drive a boat and drink, just can't be drunk. Rule of thumb is the body can process 1 drink an hour.
 
Good answer. But the pub should have a policy in place to prevent drunk boaters leaving their place. I think the pub could be liable for letting a drunk boater leave the dock.

Last I checked, a private business has no rights to detain a citizen.

As far as liability, the customer comes in on his own free will. The business is not forcing him to drink, and he is not a part of the business. Someone trying to sue the business for letting someone drink (which is legal) will likely get tossed out of court.
 
CaptRonn, You're right that they have no power to detain a boater, but the question posed was whether or not the bar would be liable if they overserved a boater and then the boater got into an accident after leaving the bar.

I think the answer to that would be yes, they might be found to be liable. It happens from time to time with drink vehicle drivers where the victim of an accident finds out where the guy was drinking and sues the bar.

Having been the victim of a boating accident where the other boater was drunk I have ZERO tolerance for drunk boat drivers.
 
CaptRonn, You're right that they have no power to detain a boater, but the question posed was whether or not the bar would be liable if they overserved a boater and then the boater got into an accident after leaving the bar.

I think the answer to that would be yes, they might be found to be liable. It happens from time to time with drink vehicle drivers where the victim of an accident finds out where the guy was drinking and sues the bar.

Having been the victim of a boating accident where the other boater was drunk I have ZERO tolerance for drunk boat drivers.

For the record I don’t consume alcohol, and we deal with our fair share of drunks boating here locally.

Here in Texas trying to hold a bar liable for the actions of a patron won’t get you very far in a court.
 
Good answer. But the pub should have a policy in place to prevent drunk boaters leaving their place. I think the pub could be liable for letting a drunk boater leave the dock.

I wondered about that
 
Same here in Mass. The patron could have been under the influence of a number of things the bartender couldn't detect before he got there. There is a line between drinking and drunk.
1st time offenders always get off unless they kill someone. After the first, not so easy.
After you've been acquitted on your first OUI they make it a mandatory thing where you can't refuse a breathalizer
 
1st time offenders always get off unless they kill someone. After the first, not so easy.
After you've been acquitted on your first OUI they make it a mandatory thing where you can't refuse a breathalizer
Scoflaw, in WA it doesn't much matter if it's your first, second or third DUI. What matters is your BAC. The higher that number is the stiffer the penalties. Also, you can refuse a BA here in WA but if you do you're going to lose your license for a long time.

If you were involved in an accident while DUI and there's a likelihood of serious injury or death the cops have the right to take you to the hospital and have blood drawn.
 
Last I checked, a private business has no rights to detain a citizen.

As far as liability, the customer comes in on his own free will. The business is not forcing him to drink, and he is not a part of the business. Someone trying to sue the business for letting someone drink (which is legal) will likely get tossed out of court.

You guys need to look up the Dram shop laws in your states. Establishments can be held liable for serving "obviously intoxicated" patrons.
 
You guys need to look up the Dram shop laws in your states. Establishments can be held liable for serving "obviously intoxicated" patrons.

I'm aware of those, and they vary by state. I'm also aware it's very difficult proving fault of the alcohol vendor.
 
In Tennessee and in Alabama if a bartender "Over serves" a customer, the bar and the bartender can be held liable if the customer is involved in an incident. This was taught in a bartending class I took in Nashville. I don't know how well it would hold up in court, but just the hassle of it would keep me from serving alcohol to you if I thought you were hammered. I don't like court, or being involved in lawsuits. The bartender can always argue that it was impossible to tell, but there are signs, and all bartenders are supposed to be trained to look for them. They're not, but they should be.

Anyway, it was a cool way to answer the question.
I wish I was that witty.
Well I am, just not that fast.
I always think of the cool thing to say when it's too late to say it.
 
I think the bar can be held liable in NC - you hear about the bar being involved in cases all the time here. I don't make a practice of drinking and driving, so I never worried much about what the law is. I did have a close friend some years ago that was involved in a bad accident in FL. She was badly hurt and and the driver was killed. They were hit head on by a drunk drive who entered the freeway going the wrong direction. Turns out he worked for a liquor distributor and was at a bar (one of his customers) drinking prior to the accident. In the end my friend, who's father made it his mission to seek retribution, sued and won against the drunk driver, his employer (the liquor dist.) and the bar. I don't know what the settlements were, but it was a lot. Years later she still walks with a limp and the memories of her good friend dying right there in front of her.
 
I think the bar can be held liable in NC - you hear about the bar being involved in cases all the time here. I don't make a practice of drinking and driving, so I never worried much about what the law is. I did have a close friend some years ago that was involved in a bad accident in FL. She was badly hurt and and the driver was killed. They were hit head on by a drunk drive who entered the freeway going the wrong direction. Turns out he worked for a liquor distributor and was at a bar (one of his customers) drinking prior to the accident. In the end my friend, who's father made it his mission to seek retribution, sued and won against the drunk driver, his employer (the liquor dist.) and the bar. I don't know what the settlements were, but it was a lot. Years later she still walks with a limp and the memories of her good friend dying right there in front of her.

The key word there is “settlements”. Yes, anyone attached to the accident will be sued with the hopes of the plaintiffs attorney of a settlement.
 
Yes, but (and I'm not an attorney so...) but why would someone agree to a big settlement unless they feared a trial would produce a worse outcome.
 
Yes, but (and I'm not an attorney so...) but why would someone agree to a big settlement unless they feared a trial would produce a worse outcome.

Most parties are covered by insurance, such as the bar. When sued the insurance looks at the demand of the plaintiff, then makes a decision on the merits of litigating. Typically it’s more prudent to settle the suit rather than litigate. This is what most plaintiffs attorneys are after.

Trials can be lengthy costly endeavors and are taking a chance at a lower payout. In the end, it’s always the money.
 

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