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drunk and leaving a party

jenn

New Member
there is a case going on here of a woman who got hit by a drunk driver in 99 and is suing the hosts of the party, saying it was their responsibility to make sure their guests don't drink and drive. the woman is now paralysed(ooooh spelling :eek: )
 
My relative owned a restaurant in Pennsylvania, where she was liable for the condition of everyone leaving the restaurant. Not exactly a model of personal responsibility.
 
It's pathetic! We no longer have to take responnsibility for ourselves. It's a hugely litigious society and it's catching on here on Australia. Be an adult why don;t you! It's like the teens who were (still are?) suing McDonald's for their obesity. No one amde them eat food that EVERYONE over the age of 10 knows is junk food. Sheesh.
 
so is that law for bars and or restaurants. if their patrons leave under the influence and then cause an accident the owners are liable?
does anyone know and what do you think?
 
In the US it varies from state to state, but basically any host serving liquor, whether it's private or a restaurant or another kind of business may be liable. But you can get insurance to cover damages and legal fees.

I find it incredible, but the world of litigation is strange and perverse.
 
Can't really see how it can be anybody elses fault, except the person who decides that driving while drunk is a good idea. People shouldn't be held accountable for other peoples actions.
In Denmark its a extenuating circumstance if you hit someone while driving drunk. Haven't really found the logic in that law yet.
I guees somethings just isn't meant to make sense.
 
So I have a poker party and invite 4 guys and Ritalinkid over. They all have to drive themselves since I live quite a long distance from any of them. I’ve got one of those Beermeister keg refrigerators. In typical, idiot guy fashion, we all hammer beers like our stomachs are on fire. There’s chugging contests to prove our manhood, and general peer pressure to keep up with the group. I don’t care about it cause hell, I live here, I don’t have to drive anywhere. So after hours of poker and beer, Ritalinkid has won all the money and decides it’s time to go home. He’s about 6’5” tall and 250 lbs. And I’m 5’8” and 160lbs. I’m not his freakin mother, and there’s no way I’m telling him what he can and can’t do. He drives off.

On the way home Ritalinkid starts nodding off and accidentally plows into the car in front of him at a stoplight killing the driver of the car. Ritalinkid has well over 3 times the legal limit of alcohol in his blood. The driver that dies happens to be your child returning home from working at the local burger joint to earn money for college.

Are you saying that I, the party holder and alcohol provider, have absolutely no responsibility in this case?
I should in no way be held somewhat accountable for the condition that Ritalinkid drove off in?
 
Motokid said:
Are you saying that I, the party holder and alcohol provider, have absolutely no responsibility in this case?
I should in no way be held somewhat accountable for the condition that Ritalinkid drove off in?
Yes. If I can be blamed for that, what else can I be blamed for?
 
Hay82,

Based on your occupation being a student I'm guessing you're somewhere in the age range of 18 to 22 maybe? I just wonder if your opinion, which I totally understand, will vary over time as you witness more and more people being senselessly killed by various methods. I also wonder if and/or how your opinion might change when you become a parent (assuming your not already).
 
Motokid said:
Hay82,

Based on your occupation being a student I'm guessing you're somewhere in the age range of 18 to 22 maybe? I just wonder if your opinion, which I totally understand, will vary over time as you witness more and more people being senselessly killed by various methods. I also wonder if and/or how your opinion might change when you become a parent (assuming your not already).
My views may change, but I don't think they will in this case. I think the person holding the party has a moral responsibility to stop the person from driving but not in the eyes of the law.
I would assume having kids would change some of my opinions, but I can't really say.
 
In Great britain it is a criminal offence to serve alcohol to an intoxicated person. This law does not cover private parties, only commercial premises. Private parties are covered by comon bloody sense. If I give a gun to saomeone who says he wants to shoot his wife then I bear criminal responsibility for his actions; if I give alcohol to someone and then condone them driving home in an unfit state then I bear criminal responsibility for any outcome of their actions.
When I have parties I have been known to confiscate car keys; I once threatened to call the police if my younger brother did not hand his keys over.
I'd probably be a bit upset if any of my children ewere killed by a drunk driver so I do my little bit to keep the streets safe.
 
Billy Oblivion said:
When I have parties I have been known to confiscate car keys; I once threatened to call the police if my younger brother did not hand his keys over.
Try that with your older brother who is way stronger than you and known for his agression when he is drunk. I know thats putting own safty above others.
I can see the sense in being responsible for making sure that noone leaves your party driving drunk, but I don't agree that it should be a law.
 
More of my 2 cents.

I am a mother. I wouldn't be very happy if my daughter were to be hit by a drunk driver. However; the sooner we go back to a point where everyone has to take full responsibility of their choices, we are going to raie a generation of people who believe that everyone else is at fault for everything in their lives that is unpleasant.

It's what someone I know says often "The thin edge of the wedge".
 
Certainly if you try to keep party goers off the road, but are threatened with physical violence then you are in your right to protect yourself, and most likely would be obsolved of all liability.

But if you do absolutely nothing to prevent them from driving off drunk do you still bear no responcibility?
 
Look, you're right. If you don't try to stop them, morally you're wrong. In the end we MUST take responsibility of our OWN actions. For every action there is an equal reaction. I don't think it should be a criminal offense. If you invite someone to your house whom you dislike enough to simply allow them to drive drunk without even some gentle persuasion and perhaps a lesson in logic than you also need to revisit morality and love of fellow man.

Look, I have a teenaged daughter and I've been trying for years to instill a sense of responsibility for the choices she makes. Society today takes responsibility away from individuals and makes them able to point the finger in everyone else's direction.

Like I brought up earlier... how far can it go before it becomes harmful to society? It's like all these new defenses of "rod rage" and "parent rage", etc, etc. e MUST make people live up to the consequences of their actions.

Truly, if you let someone drive drunk without an effort to stop them and something awful happens, wouldn't the guilt you'd have to live with haunt you until the day you died?
 
But doesn't everyone taking responsibility also include the person who throws the party?

They invited everybody over knowing people would have to drive to get there, and drive to get home. Not every place has a taxi service available.
yes there should be designated drivers and yes the person driving owns a huge amount of the blaim, but doesn't the person serving the drinks own just a tiny tiny bit of the blaim?
 
I am not saying they aren't to blame at all IF their party goers drive drunk. What I AM saying is that it should NOT be a criminal offense if you fail to stop a person from doing it. You can do as much as you can, even threaten calling the coppers if they turn the key in their ignition but everyone has a right to make their own decisions in the end.

What about the car radio. How many people have gotten into accidents whilst adjusting their car stereo? Lots. Is the car manufacturer liable for that because there aren't radio controls mounted on the steering wheel and they haven't put a sign on the radio saying "Do not adjust unless in a stationary position"? No, they aren't. Same with drunk driving. We have a right over OUR bodies and OUR decisions. I'm telling you, it can go too far.
 
As an aside, it's perhaps a better thing to do to offer beds for everyone like our group of friends always do. Blowup mattresses, couches, trundle bed, anything. Make that the deal up front and hopefully no one will ever have to be in a position to stop someone from driving drunk.

I know I'll probably get pilloried because of my views but I am paranoid about soncities slide into not being responsible for our actions. I believe accountability is an adult's lot in life.
 
i agree with geenh and novella. we live in a society that is increasingly letting people off the hook for thier behaviour at the exspense of others. we are quick to blame quick to point the finger quick to sue. it will only get worse before it gets better if the judicial system and parents and schools etc don't start holding the offenders accountable for their actions. this is why their is an age limit for drinking, so supposedly mature consenting adults drink and take the responsibility for their behaviour. if i throw up in my bed, i have to clean it up the next morning.
 
Questions:

If I get drunk at my friend's house and then get in my car, crash my car, and seriously injure myself, can I sue my friend for damages?

If I instead kill myself drunk driving, can my survivors sue my friend for damages?

If a teenager I don't know gets drunk at my house without my knowledge when I am not home and then crashes his car, can his family sue me for damages?

(I think the legal answers to these are clearly defined in law, on a state-by-state basis. What I'm asking is, what do you think is just?)
 
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