Drunk Beer Pong Guy Tries To Sue Bar After Getting Hit By Car
Add this one to the list of frivolous lawsuits, a New Jersey man filed a lawsuit against at New York bar called Wicked Willy’s over injuries he suffered following a 3 1/2 beer pong game. The man was struck by a car going 50-mph while trying to cross a highway in New Jersey after leaving the bar.
According to the man’s lawyer, he suffered numerous injuries, including a broken hip, leg and foot, tears in both his knees, and a lacerated liver. When the man’s blood was checked at the hospital four hours after the accident, his blood alcohol content was .26, which is almost four times higher than the legal driving limit.
The man claimed the bar should have been monitoring the game to make sure players weren’t getting visibly drunk, however, a New York judge has thrown out the lawsuit against the pub. The judge ruled the man voluntarily signed up for the beer-drinking game and couldn’t sue Wicked Willy as a result. The judge said the man “consumed alcohol to the point of diminished capacity.”
The New York Post says his lawyer will ask the judge to reconsider the ruling.
This is a reminder that if you sell or serve liquor in any capacity, you need to carry liquor liability coverage, not only for legitimate lawsuits, but for frivolous claims which may need to be defended in the court of law. Hiring attorney’s isn’t cheap.
For more details on the story, see this article from the New York Post
–JK
Booze At the Office Holiday Party?
How many times have you been to a company holiday party with an open bar where the booze is flowing and everyone’s getting loose? As the night progresses you begin to see that one co-worker of yours getting sloppy and progressively more sloshed? The words start to slur and the volume picks up as the inhibitions fall. Maybe it was you? Heck, maybe it was everyone there. Who knows what can happen from there!
An office holiday party can be a nice way to mark the season and to share a little warmth and appreciation with co-workers, but they can also be danger zones where inappropriate behavior could lead to highly unforeseen consequences. Employers want to share their appreciation for their employees and allow them to have a little fun, but serving alcohol at the office holiday party can be a huge source of potential disaster.
Some people interpret office parties as an invitation to let their guard down in ways that are a liability to the company. It is no big revelation that infusing a holiday party with alcohol can lead to lowered inhibitions and poor judgment. Even a well-meaning and otherwise mild-mannered employee might throw out an inappropriate joke or comment after a few drinks. And even if the party itself ends without incident, employers can still be liable for any harm caused by an intoxicated employee on his or her way home.
Alcohol consumption just might be the most sensitive issue an employer must consider when planning an office holiday party. Sure, employers can always opt to have a nonalcoholic gathering (party like it’s prohibition) which would significantly reduce the likelihood of booze-induced problems, but this might be a little extreme to some. Short of complete ban of alcohol, employers might want to consider some of the following options, and implement measures specific to the makeup of their workforce:
- Have an all-cash bar, and staff it with a professional bartender.
- Cut off the free flow of alcohol well before the party ends.
- Provide employees with a specific number of drink tickets redeemable at the bar.
- Restrict the type of alcohol available, either none or only beer and wine
- Provide plenty of food to balance the effect of a couple drinks.
- Provide for company-paid taxis to ensure a safe trip home for any employees who drink at the holiday party.
- Collect car keys from employees who drink.
- Offer door prizes to employees who volunteer as designated drivers.
- Station a high-level management employee at the exit to wish everyone goodnight, while monitoring for tipsy party-goers.
- Hold the party at a location that discourages driving, such as a hotel
- Invite deterrents. Sometimes the presence of a spouse or significant other can help employees keep their behavior and their drinking under control.
- Holiday party hosts should be on the lookout for any revelers who have overindulged and take whatever steps are appropriate, including ensuring that no further alcohol is consumed by such employees and arranging for transportation.
Maybe you have other ideas that are just as effective. Whatever it might be, even if you take every measure in the book to curb liability, there is no guarantee that nothing problematic will happen. I’m not saying to let your worries get the best of you to the point you can’t enjoy your own party, but don’t turn your head and look the other way if a dicey situation arises. Who knows what can happen when you throw booze into the equation. It’s better to be safe than sorry!
–JK
Florida Man Sues Bar For Not Halting His Drinks
In a story reported last month, a 73-year-old Florida man got a ticket from police after he was hit by a car while riding his scooter home from a bar. Now, he claims the bar is to blame for selling him too many drinks, and he wants the bar to pay.
John Wasko of Manatee, FL filed a lawsuit against The Oasis Bar, saying the bar should have stopped giving him drinks. He’s seeking more than $15,000 in compensation. Ironically, Wasko was not booked for a DUI, but was ticketed for riding in front of a vehicle. Rough night! This happened in January, but Wasko waited 9 months to file suit.
After the accident, Wasko was taken to the hospital with non-life-threatening injuries, but he blamed the injuries on the bar’s failure to know when to stop selling him drinks. His lawsuit claims the servers were not trained well enough to know his condition and when to stop selling him drinks.
What does this have to do with insurance?
Businesses that sell and serve liquor need liquor liability insurance for alcohol related claims. A general liability insurance policy does not provide coverage for these scenarios. Liquor liability insurance is a form of commercial insurance that protects businesses against loss or damages claimed as a result of a patron becoming intoxicated and injuring themselves or others. It provides coverage for bodily injury or property damage resulting from:
- Causing or contributing to the intoxication of any person;
- Furnishing alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
- Violating any statute, ordinance, or regulation relating to the sale, gift, distribution, or use of alcoholic beverages
Liquor liability insurance coverage will reimburse your company against the costs of defending a lawsuit in court, even if a claim is groundless or fraudulent.
This story is just a random example of a liquor liability claim. As you can imagine, they happen all the time because people generally make dumb decisions when they’re drinking. Funny thing is they rarely seem to think they’re fault when they get into trouble. Make sure you are covered adequately if someone blames you for over-serving them!
–JK
Liquor Liability Insurance Basics
“Drinking makes such fools of people, and people are such fools to begin with that it’s compounding a felony.” -Robert Benchley
You see it at sporting events, the company Christmas party, college campuses, bars, restaurants, weddings, concerts, tailgate party’s, birthdays, BBQ’s, everywhere! The list goes on. Booze is everywhere! The problem is, where there is alcohol being served or sold, there are always those who have had ten too many.
Those who get “over-served” often do dumb things which can be harmful to themselves and/or other innocent parties whom they encounter. That’s why businesses which manufacture, sell, serve, or facilitate the use or purchase of alcohol need to purchase liquor liability insurance.
Liquor liability insurance is a form of commercial insurance that protects businesses against loss or damages claimed as a result of a patron becoming intoxicated and injuring themselves or others. It provides coverage for bodily injury or property damage resulting from:
- Causing or contributing to the intoxication of any person;
- Furnishing alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
- Violating any statute, ordinance, or regulation relating to the sale, gift, distribution, or use of alcoholic beverages.
Liquor liability is either sold as an add-on to a commercial liability policy or as a totally separate policy.
Liquor Liability laws vary by state. Some states have passed “Dram Shop Liability” laws which make it possible to hold those who serve alcohol to an intoxicated or underage customer responsible for damage or injury caused by these individuals. Most of these laws offer an injured person, such as the victim of a drunk driver, a method to sue the person who served the alcohol.
Originally, Dram Shop Liability laws were intended to apply to taverns, bars, and other establishments selling and serving alcohol. However, “social hosts” (such as those hosting a holiday party) also have some exposure to the risk of liability for serving alcohol.
When business owners host a holiday party and serve alcohol as part of the festivities, liquor liability would most likely be covered by their commercial general liability policy, but that is not a guarantee. It is best to check with your insurance agent first. Host liquor liability is a coverage under a commercial general liability insurance policy for businesses not ‘in the business of’ serving, manufacturing, distributing, selling, serving or providing alcohol.
Although damages in liquor liability lawsuits can be substantial, businesses often lack adequate liquor liability coverage. This exposes them to a substantial degree of liability. No matter how many measures a business owner takes to limit their liquor liability exposures, there’s no guarantee they won’t be dragged into a suit.
Drinking makes fools of people. Don’t allow their foolish actions ruin your business.
–JK
About Me
I grew up in Fullerton, CA and graduated from Servite High School in Anaheim. I have my Bachelors degree from Loyola Marymount University in Los Angeles. I currently live in Tustin, CA.
Please contact me if you need help with any of the following lines of insurance for your business:
-Businessowners
-Property
-Commercial General Liability
-Product Liability
-Workers Compensation
-Group Medical
-Commercial Auto
-Umbrella/Excess Liability
-Errors & Omissions/ Professional Liability
-Employment Practices Liability
-Directors & Officers
-Life & Disability Insurance
Jimmy Kinmartin, CPCU 