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Old 05-25-2007, 08:22 AM
KSigkid KSigkid is offline
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Join Date: Jan 2001
Location: New England
Posts: 9,328
All of this depends on the circumstances; the article didn't say enough about what really happened to definitely say where the liability lies. There are cases where people sue bars and restaurants for being served too many drinks, it's by no means a rare occurrence. I'm not sure of Missouri law, but I can't imagine this is the first case in MO.

There is also the issue of any damages (if there are any) being offset by Josh Hancock's negligence. I don't know Missouri's statutes on comparative negligence, but in some states, if your fault (percentage-wise) is more than the fault of the other parties, you collect nothing. (RC, I believe Iowa's statute is similar to that) In other states, the damages you collect are decreased proportionally to your fault in the situation.

But, like RC, IANAL, only a first-year law student, so take what I say with a grain of salt.
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