Reflect upon what you consider to be the key takeaways from this week’s readings. As you reflect, you should consider the following questions:
- How does the law protect both the innocent victim of an intoxicated individual and the intoxicated individual themselves when that intoxication results injury? Should the law distinguish between the two?
- What steps should a restaurant owner take to ensure the food served to diners is safe and will not result in patrons becoming ill or injured?
- Did any case or statutory provision in the readings surprise you, and if so, why?
Journal entries should be between 450 and 600 words, though longer entries are welcome. Students should take care in their general reflections, to touch upon the questions raised above and remember to provide citations/references when necessary.
WEEK 6 READINGS
ARTICLES:
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.
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.
Week 6 Videos
Can a Bar be Sued for Selling Alcohol to a Drunk Driver (4:20)
This short video explains the circumstances under which a bar can be held liable for serving too much alcohol to a patron.
Jury Awarded 6.7 Million in Food Poisoning Case (1:45)
This is a news report discussing the liability of a restaurant to patrons who suffered severe food poisoning.
Liebeck v. McDonalds (4:39)
The story of a patron of McDonalds who suffered serious burns from an overly hot cup of coffee is explained in this video.