Should bartenders be held responsible for the behavior of their patrons?
When is a bar responsible for a drunken patron's actions? Possibly none, according to the Florida Dram Shop Act. Florida's liquor liability laws are covered under this act, in Florida Statutes, Sec. It states a person who sells or furnishes alcohol to a person of lawful drinking age, 21, will not be held responsible for any injury or damage caused or resulting from the person's intoxication, unless it can be shown that the individual was "habitually addicted" to alcohol.
Legally, that's good news, says Tony Acosta, who works at Red Lobster, although morally, he would feel partially responsible. But, he says, "At some point you as an adult should know how much you can handle.
The state law does state, however, the establishment can be responsible for injuries to minors or anyone harmed by the minor. State liquor liability laws vary from state to state and Florida is the only one with specific statutes dedicated to holding an establishment liable for injury or damage caused by intoxication if the establishment knowingly violates them.
Georgia's Dram Shop Act is specific to drunk driving and holds the establishment liable if the person serving the alcohol is aware the customer is clearly intoxicated and has plans to drive regardless.
Tony Fleming, who has been a bartender for 13 years, said a well-trained bartender knows when someone has had too much or when they are a habitual drinker. Samantha Trump, a bartender at Brewlands Bar and Billiards in Lakeland, said being observant, engaging with customers and communicating with other employees is how she keeps watch for heavy drinkers.
The bartender reported that the man was falling over while leaving and provided the tag number of the black Acura he drove off in. A Polk County Sheriff's deputy spotted the car at U. But knowing whether the patron is "habitually addicted to alcohol'' isn't as easy to recognize.
Lakeland lawyer Howard Kay said it must be proven the server or bartender knew or should have known about the customer's addiction while they were serving the person. If there is training, the server is responsible for recognizing the signs.
If there is no training, the business can be held liable for that oversight. Kay said some characteristics include the absence of signs of being inebriated despite consuming several drinks and being a regular customer at the business who drinks heavily each time.
Trump said having a customer who drinks several drinks and doesn't show signs of being intoxicated is rare, but when it does happen, it catches her attention. Timothy Lundy, however, proceeded to drive away and within just a few miles cause a crash that killed a year-old man.
Lundy's blood alcohol level, which was taken two hours after the crash at Lakeland Regional Health Medical Center, was 0. According to his arrest report, hospital staff would not immediately release him because he was severely intoxicated until his alcohol levels came down and he was able to make his own medical decisions.
Be Responsible About Drinking Inc.
Trump said the majority of bartenders and servers do everything they can to make sure their intoxicated customers leave with a safe ride home.Mar 18, · I'm writing an essay on If Bartenders Should Be Held Responsible For The Behavior Of Their Patrons Or Not.
In my opinion they shouldn't metin2sell.com: Resolved. Jan 23, · Even if one bartender turns a patron down due to their own personal judgment, whose to say if the other bartender will.
There can also be cases where the patrons friends will buy drinks for them, without the bartender knowing. Should bartenders have to baby sit their patrons who are assumed to be responsible adults? Bartenders should not be responsible for their for many reasons, Should Tobacco Companies Be Held Responsible Essay Should tobacco companies.
5 What Servers Can Do In over half the states in the nation, commercial servers of alcoholic beverages can be held liable for damage or injuries caused by their drunken or underage patrons. These servers can include bartenders, waiters and waitresses, the managers or operators of an establishment that sells alcohol, or the owners of an establishment.
Mar 18, · Best Answer: Bartenders should not be held responsible for their patrons, snice customers enter the bar fully-knowing that they might get drunk and make bad decisions, yet these are choices made by them, not the owners of the establishment.
If you have questions about how to write it after using this thesis, let me metin2sell.com: Resolved. Bartenders should not be held responsible for the behavior of their patrons because they are not officers of the law, therefore they cannot enforce it, further, every person is responsible for their own actions and not the actions of others, and whatever happens from the minute the drink is in the customer’s hand is not the bartender’s liability.