On his way home from a long day of work, Angel Polonia, a thirty-five-year-old software engineer, stopped at the bar at an upscale hotel to unwind. At the bar, Mr. Polonia ordered a margarita and a steak dinner. Before the meal arrived, Mr. Polonia ordered a second margarita. When his food was served, at Mr. Polonia’s request, the bartender also brought him a draft beer. It was an unusually busy evening in the bar because a championship baseball game had drawn a large number of people to enjoy the game on the establishment’s big-screen televisions. Mr. Polonia stayed for several hours to watch the game, ordering three more beers before finally deciding to head home.
Mr. Polonia had parked his car in the hotel garage. As he was heading for the garage exit, another car cut him off. There was no impact, and nobody was hurt. The driver of the other car, a young woman named Helen Garcia, stopped her car and got out, intending to apologize to Mr. Polonia. Before Ms. Garcia could say anything, however, an enraged Mr. Polonia screamed at her, threatened her, and finally shoved her to the ground. Mr. Polonia then got in his car and drove away. As a result of the fall, Ms. Garcia broke her wrist.
On the way home, Mr. Polonia, still fuming, was driving down a winding two-land road when he lost control of his car and hit a tree. He suffered serious injuries in the accident, was hospitalized and missed six weeks of work.
Discuss the bar’s potential liability for both Ms. Garcia's injuries and Mr. Polonia’s injuries.
After posting, respond to two classmates. In each response, agree or disagree with the conclusions offered and explain your support for that agreement or disagreement. Provide sources where appropriate.
Before posting, please review the LAW2005 Discussion Rubric (.docx)
All initial posts should be posted by Thursday at 11:59 pm ET. Respond to at least two of your classmates by Sunday at 11:59 pm ET.
Week 6 Readings
Week 6 Readings
Articles:
https://learn-us-east-1-prod-fleet02-xythos.conten...
This reading explores the three common theories of liability that arise when the service of food or drink causes harm. Claims resulting from such harm can be brought under either, or all, the law of negligence, warranty, or strict liability.
Alcohol Server Liability Lawsuits Result From Dram Shop Statutes
This article details the development of liability for the service of alcohol to the intoxicated or underage patron.
Dram Shop Laws: Bar Owner Liability for Drunk Driving Accidents
https://www.alllaw.com/articles/nolo/auto-accident...
- This reading is a quick summary of dram shop liability.
The Trends in Dram Shop Laws and How They Affect the Hospitality Industry: Balancing Competing Policy Considerations of Tort Reform and Curbing Drunk Driving
Discussing the history of imposing liability for the service of alcohol, this article also provides information on the rules from the various states.