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-- What if someone passes out in a club?
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quote:

Originally posted by fayraree lol in this case the venue doesn't have a liquor licence (I recall that it used to serve alcohol in its Viva days; I'm sure it had one back then) and the toxicology tests might take months and if there were drugs involved then there's no way the venue could be charged because they don't serve it.

They could still be found negilgent under both common law and the Occupiers Liability Act depending on whether or not they took proper precautions to ensure that the premisis were reasonably safe.

I'm gonna have to agree with Moral Hazard, according to hospitality law, the establishment is liable for the guests. Of course there are different ways of interpreting the law, but the the bottom line is, if the bar is responsible for getting you wasted, they are responsible for your actions. It is up to them to cut you off after you had enough. Also, if somebody comes in drunk into the bar already and is served, the onus is up to the establishment to prove that they were not responsible. So, if you go to a bar, get wasted to the point of extreme intoxication, get kicked out and hurt yourself, you can sue the establishment for not cutting you off sooner.

There.Is.No.Bar.

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Originally posted by Cosmic Fur There.Is.No.Bar.

lol how many times must that be repeated

quote:

Originally posted by Cosmic Fur There.Is.No.Bar.

I was unaware we were talking about a specific place; however, tavern or no tavern, common law and the occupier's liability act will still apply.

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Originally posted by slingshot If I saw someone passed out in a club, I would immediately leave said club and come home and make a thread about it on tranceaddict.com as fast as I could. I would than cross my fingers and hope that the thread that I made would make me look cool and strengthen my internet persona. I've been told by multiple people that redundant discussion on the internet is where it's at.

wahahahahahaha oh god that's sig worthy !!!!

quote:

Originally posted by Grinder Why you so mean? Why you so mean?

Because, I don't rape passed out intoxicated people or fuck dead rodents for guilty pleasures.

A good shaming is always in order when passed out...

u bring him outside the back door, lay him on his stomach on the sidewalk. and get the doorman to call paramedics, saying someone passed out on the sidealk in front of the club.

quote:

Originally posted by Grinder Why you so mean? Why you so mean?

hahahahahhahahahaha

quote:

Originally posted by Vivid Boy u bring him outside the back door, lay him on his stomach on the sidewalk. and get the doorman to call paramedics, saying someone passed out on the sidealk in front of the club.

like River Phoenix

quote:

Originally posted by Vivid Boy u bring him outside the back door, lay him on his stomach on the sidewalk. and get the doorman to call paramedics, saying someone passed out on the sidealk in front of the club.

Atleast he'll be able to say 'Honey, I'm home! OMG...WTF!!!

Re: What if someone passes out in a club?

quote:

Originally posted by Axer The club/bar is supposed to call a cab to drive that certain person to home and pay for the fare, since you're drinking off their bar and paying cover and shit.

Thats lame. Pay for your own cab. No one forced you to drink.

quote:

Originally posted by Axer There's enough underground money to pay up a taxi driver. Any club doing that should be smart enough to note up the number plate. Sue? Yes, situation goes out of control the law is there. Sometimes it's useless because of the underground money as well. When a venue opens up, the usually feed local departments.

I have an idea. Take responsibility for your own actions, drunk or otherwise!

Wow... such novelty!

quote:

Originally posted by Moral Hazard The Tavern (legal for establishment serving alcohol) has a duty of care under both common law and statute law to see to it that the person in distress received proper medical attention. Failure to do so could result in their being ordered to pay damages for negligence (assuming their negligence caused damage to the aggrieved party) and/or suspension/revoccation of their liquor licence.

And this kind of law is exactly what is wrong with our society and why everyone blames everyone but themselves for being a stupid idiot.

quote:

Originally posted by Lightshow I'm gonna have to agree with Moral Hazard, according to hospitality law, the establishment is liable for the guests. Of course there are different ways of interpreting the law, but the the bottom line is, if the bar is responsible for getting you wasted, they are responsible for your actions. It is up to them to cut you off after you had enough. Also, if somebody comes in drunk into the bar already and is served, the onus is up to the establishment to prove that they were not responsible. So, if you go to a bar, get wasted to the point of extreme intoxication, get kicked out and hurt yourself, you can sue the establishment for not cutting you off sooner.

Wonderful. Can the bar sue you for drinking too much and not saying no to a drink? It should work both ways.

The bar should also sue you if you

1) start a fight or incident that is disruptive to the bar

2) assault a patron or employee

3) commit fraud by using fake ID

4) do anything else that causes them to lose their liquor licence or result in a suspension


As an employee id also like the ability to sue these people for lost wages as a result of a shutdown.

The law currently is very one sided. No wonder people want babysitter laws to coddle them into a false sense of security

quote:

Originally posted by Jayx1 And this kind of law is exactly what is wrong with our society and why everyone blames everyone but themselves for being a stupid idiot.

I don't disagree with you; however, that is the law at present. That said... both the common law and statute law have been virtually the same on this issue for at least 50 year; however, the rise of litigation on matters such as this has been more recent (last 15 years or so) so it would seem that something other then the law inspired the present attitude of non-accountability.

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Originally posted by Jayx1 I have an idea. Take responsibility for your own actions, drunk or otherwise! Wow... such novelty!

Don't be MADD, don't be mean.

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Originally posted by Axer Don't be MADD, don't be mean.

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Originally posted by fayraree

yeah... huh?

Btw MADD started out with good intentions until they became prohibitionists. I tried telling them that once when they spammed called me and they just hung up! LOL

quote:

Originally posted by Jayx1 Btw MADD started out with good intentions until they became prohibitionists. I tried telling them that once when they spammed called me and they just hung up! LOL

LMAO

it has nothing to do with the club.. if the individual is stupid enough to ingest something that later makes them pass out.. they should be on their own. know your limits people holy shit if your trying to kill yourselves theres easier ways

quote:

Originally posted by Grinder Why you so mean? Why you so mean?

*passes out*

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