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Old 05-25-2007, 01:45 PM
Kevin Kevin is offline
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Why do lawsuits need to be checked? If the lawsuit is frivolous, I have faith that the court will dismiss it. We're not privy to the exact facts of the case, but if a bar does serve an inebriated person, they are going to be liable for at least some of the damages caused by that person.

The bar probably has insurance -- or they do if they're smart.

Whether they're liable to the estate of the person who took the alcohol is going to turn on state law, but it seems like a long shot. Nevertheless, if the estate has a valid claim, it ought to be allowed to proceed to trial even if under the facts we have it looks bad. We're just not in a very good position to judge that.
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Old 05-25-2007, 06:06 PM
shinerbock shinerbock is offline
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Quote:
Originally Posted by Kevin View Post
Why do lawsuits need to be checked? If the lawsuit is frivolous, I have faith that the court will dismiss it. We're not privy to the exact facts of the case, but if a bar does serve an inebriated person, they are going to be liable for at least some of the damages caused by that person.

The bar probably has insurance -- or they do if they're smart.

Whether they're liable to the estate of the person who took the alcohol is going to turn on state law, but it seems like a long shot. Nevertheless, if the estate has a valid claim, it ought to be allowed to proceed to trial even if under the facts we have it looks bad. We're just not in a very good position to judge that.
Unfortunately, there is no reason to have faith that courts will promote personal responsibility.
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