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Private party hosts not liable: SCOC (pg. 2)
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| TO guy |
| quote: | Originally posted by Crazy Serb
In this specific case, it was a BYOB (bring your own booze) party... therefore, it was just expected to release the hosts of any liability.
However, let's imagine for a second that it WASN'T a BYOB party... and the hosts had the control over how much alcohol was being distributed at the party, and the whole picture changes... ;) |
For sure, that would change it. But I think it would still matter whether or not the hosts did the serving. I mean think of a BYOB party where I show up and didn't bring anything, but got hammered on what someone else brought. |
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| MarkT |
| quote: | Originally posted by Jayx1
And it is the convenience store's goal to sell you as many cigarettes as possible. ... |
sure, but whether or not they sell someone 1 pack or 10 packs doesn't impact public safety at all.
and someone who's wasted can rather easily be persuaded to "go on, have another" by shady bar tenders..."go on, buy another" pack of cigarettes isn't really of consequence thing ;)
I'm with you on MADD though...it's become rather extremist over the years. |
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| ChemEnhanced |
The reality is....if you are hosting a party and you provide the alcohol then it is your responsibility to make sure you don't over serve people. As the hosts and provider of the alcohol you have a duty of care to make sure your guests don't over drink...you also have a duty of care to all those on the road if you let that person drive....including the drunk.
The issue comes wether the hosts did something they shouldn't have or if they failed to do something they should have. If either one of these are the case then they are negligent and would be held liable for the actions or failure to act. In a case like this one...they would not be 100% liable but at least a portion liable. |
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| TO guy |
| quote: | Originally posted by ChemEnhanced
The reality is....if you are hosting a party and you provide the alcohol then it is your responsibility to make sure you don't over serve people. As the hosts and provider of the alcohol you have a duty of care to make sure your guests don't over drink...you also have a duty of care to all those on the road if you let that person drive....including the drunk.
The issue comes wether the hosts did something they shouldn't have or if they failed to do something they should have. If either one of these are the case then they are negligent and would be held liable for the actions or failure to act. In a case like this one...they would not be 100% liable but at least a portion liable. |
No. If they had the duty, and the guy crashed his car, then the obviously didn't meet their standard of care. They don't have a duty, that is why they were not found liable. |
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| Dopey |
| quote: | Originally posted by ChemEnhanced
The reality is....if you are hosting a party and you provide the alcohol then it is your responsibility to make sure you don't over serve people |
what are you talking about? that is exactly the opposite of how they just ruled.
how are you supposed to control some guy with a flask in your bathroom? |
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| Hantu |
| quote: | Originally posted by Dopey
what are you talking about? that is exactly the opposite of how they just ruled.
how are you supposed to control some guy with a flask in your bathroom? |
This case was a BYOB, thus they never served this person, and are liable because of it. He was saying that if the hosts had served the liqour, then they would have been liable, and he's right. And in regards to the flask in the bathroom, I have no comment either way. |
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| Hantu |
| quote: | Originally posted by Hantu
This case was a BYOB, thus they never served this person, and are not liable because of it. He was saying that if the hosts had served the liqour, then they would have been liable, and he's right. And in regards to the flask in the bathroom, I have no comment either way. |
My bad, this is what I meant. |
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| TO guy |
| quote: | Originally posted by Hantu
My bad, this is what I meant. |
You know you can edit posts ... you don't need to quote them and modify them in the quote ....
Anyhow the court ruled that the hosts did not know that the driver was impaired, and such knowledge (one would think) has nothing to do with service of alcohol (well ... at least it doesn't necessarily mean service). So a host could give someone a few drinks, think they were OK to drive, and still not be liable. |
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| Dopey |
| quote: | Originally posted by TO guy
You know you can edit posts ... you don't need to quote them and modify them in the quote ....
Anyhow the court ruled that the hosts did not know that the driver was impaired, and such knowledge (one would think) has nothing to do with service of alcohol (well ... at least it doesn't necessarily mean service). So a host could give someone a few drinks, think they were OK to drive, and still not be liable. |
or the hosts could serve a few drinks and not know that the driver also had 17 shots from his/her flask in the bathroom before stumbling out to their car. |
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| Hantu |
| quote: | Originally posted by TO guy
You know you can edit posts ... you don't need to quote them and modify them in the quote ....
Anyhow the court ruled that the hosts did not know that the driver was impaired, and such knowledge (one would think) has nothing to do with service of alcohol (well ... at least it doesn't necessarily mean service). So a host could give someone a few drinks, think they were OK to drive, and still not be liable. |
yeah, my goof. eating and posting at the same time don't go together for me, heehee. |
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| TO guy |
| quote: | Originally posted by Dopey
or the hosts could serve a few drinks and not know that the driver also had 17 shots from his/her flask in the bathroom before stumbling out to their car. |
exactly, same thing. The court made it clear that hosting a party is not the same as hosting a bar. |
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| TO guy |
| quote: | Originally posted by Hantu
yeah, my goof. eating and posting at the same time don't go together for me, heehee. |
lol no worries :) |
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