Posted: Mon Dec 19, 2005 9:17 pm Post subject: The drinking & driving problem
I was once a bartender and I know that by law you can not surve any one who is intoxicated. I am very agenst drunk driving. I know that if you are drinking and get drunk then drive and get into an accident the bar can be sued.
What I want to know is if They, the bartender and the bar, allow a person to get so drunk that they can not talk or even really walk and then let them leave knowing that they are driving and the drinker causes property damage and goes to jail for it and for driving isn't there some responceibility that the bar has to take?
As a bartender you are the one who is sober and resposible for keeping them safe. All of this is why I do not do bartending any more. I would cut people off and they didn't like it all to much.
Joined: 03 Dec 2003 Posts: 42 Location: Vancouver, B.C., Canada
Posted: Mon Dec 19, 2005 9:23 pm Post subject: drunk driving problem ( laws )
Your question is a good one and very common.. " if They, the bartender and the bar, allow a person to get so drunk that they can not talk or even really walk and then let them leave knowing that they are driving and the drinker causes property damage and goes to jail for it and for driving isn't there some responceibility that the bar has to take? "
Well, every state and country in the world has different ways of dealing with the very large problem of people driving while intoxicated so unfortunately I can't give you one final answer.
The good news is that most places DO place a certain amount of legal responsibility or duty of care on the establishment that the alcohol was consumed on AND the actual server of alcohol.
This actually includes non commercial properties also. So if you have a house party and alcohol is consumed you can be held liable if anyone has an accident etc.
This is a really huge subject and I could write/speak to you for hrs about it but that is the short answer to your question. If you want to discuss it in more detail I'm happy to discuss this important topic if you can catch me in the office sometime
I really like your question and more people, especially bartenders, need to be aware of it so I'm going to post it, and my answer, in our Bartender Chat room. I'll only post your first name. Maybe we can begin to get people to be more aware of this very important topic and start a good line of discussion about how bad a problem drunk driving is and what we can do about it.
Thanks very much Tonya _________________ We all make a choice everyday on how we will live our lives. Have more fun than anyone & serve it with style!
Scott Young (Flair Bartender Instructor. President & Founder )
Joined: 22 Nov 2004 Posts: 66 Location: Houghton/Hancock MI
Posted: Thu Dec 22, 2005 5:18 am Post subject:
what i like to do when cutting people off is first off i try to find one of my dd i have a few of them at my bar all the time. but if there isnt and i have to cut them off just explain to them. most people if you are straight with them they tend to understand. look john im really sorry but the manager/owner is pretty strick with the overly intoxicated people in the bar would you like me to call you a cab or make yyou a couple of cups of coffee? the coffee can stall hopefully enough till you can find them a ride home.
but the best defence is to try not to let them get that bad. if you see some one is starting to get wobbly hey john be carefull dont want to have to cut you off before the fun starts:) plus if you plant that seed hey yeah he cuts people off they tend to chill a little _________________ Just cause customers don't expect it doesn't mean they don't deserve it.
Joined: 30 Sep 2005 Posts: 10 Location: New Jersey, USA
Posted: Thu Dec 22, 2005 8:34 pm Post subject: www.gettips.com
Try the TIPS (Training for Intervention ProcedureS) program. It's a course designed for servers and bartenders to prevent overintoxication and underage drinking. I took it online, and it has really helped by addressing the very issues mentioned above.
It gives you suggestions about how to slow down a customer's drinking by recommending food or non-alcoholic drinks. It also teaches you how to recognize the signs of intoxication.
Most important, I think, is how they make it clear that once you make the decision to cut someone off, you have to stick by it and not give in--and let your coworkers know not to serve them as well.
It also covers the "reasonable efforts" a bartender/server should take if they suspect someone is intoxicated--including keeping the customer there as long as possible, or calling him a cab, and if he walks out, to report him to the police. It also covers proper documentation of incidents, which can help reduce or eliminate your liability in a lawsuit (many lawsuits against bars and restaurants have been dismissed because the establishment documented the incident and the plaintiffs did not). _________________ "The pen is mightier than the sword; but the foot is mightier than the ass!"--me
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