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Bar owner - is Jack liable for negligence to the drunk?

Jack owns a Pub. One evening Jim, a friend and customer, comes into the Pub and orders a drink. Over a period of approximately two hours, Jim orders and drinks a variety of alcoholic beverages. He is now drunk. Shortly before the Pub closes, Jim pays for his drinks and leaves the Pub. Jim gets into his car and drives away. On his way home, Jim is involved in a motor vehicle accident?

a/ Using the elements explained in the text and your first assignment, is Jack liable for negligence, i.e. list and apply the elements of negligence as applied to Jack?

b/ What is the best defense available to Jack and why?

Solution Preview

Bar owner negligent to drunk?
Hi,
Let's take a closer look at this interesting case scenario.
Scenario:
Jack owns a Pub. One evening Jim, a friend and customer, comes into the Pub and orders a drink. Over a period of approximately two hours, Jim orders and drinks a variety of alcoholic beverages. He is now drunk. Shortly before the Pub closes, Jim pays for his drinks and leaves the Pub. Jim gets into his car and drives away. On his way home, Jim is involved in a motor vehicle accident?

a/ Using the elements explained in the text and your first assignment, is Jack liable for
negligence, i.e./ list? and apply the elements of negligence as applied to Jack?

Dram Shop laws demand that bars, nightclubs, fraternities and other establishments that serve alcohol to people must serve responsibly This law states that bar or nightclub owners are responsible for the damage caused by a drunk driver when they serve someone that they knew, or should have known, was underage or was already intoxicated.
• The Elements of Negligence
o Duty to Protect
o Failing to Exercise a Reasonable Standard of Care
o Proximate Cause
o Actual Injury http://cecp.air.org/interact/authoronline/february99/3.htm

1. Duty to Protect
The first element, the duty to protect, is clearly part of a bar owner's responsibilities. Bar owners have a duty to anticipate foreseeable dangers and take necessary precautions to protect patrons in their care (McCarthy & Cambron-McCabe, 1992). Specifically, bar owners duties ...

Solution Summary

Referring to the scenario, this solution responds to the two questions about if Jack is liable for negligence and what the best defense available is to Jack and why.

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