When it comes to safe selling and serving of alcohol, many servers are focused on making sure that the patron displaying the signs of intoxication is not driving.
Unfortunately, ICC has had numerous claims involving patrons who misrepresented their drive home or didn’t drive, but caused other injuries after they left the insured. Or, as in the case presented below, the patron took their own vehicle after waiting for a ride share.
The patron in this claims story was a regular at our insured and was known to have alcohol issues. In the past, her mother had come to the restaurant to pick her up if she had too much to drink. On this night, she was drinking Vodka 7’s after her shift as a nurse was over.
The bartender was busy and had served her several drinks and shots over the course of several hours. He did not think she was displaying signs of intoxication. However, the owner was seated on the restaurant side and noticed that the patron was having some difficulty walking. He approached the bartender and instructed him to “get her keys.”
The customer ordered a pickup from a ride-share app and went outside to wait for the driver to arrive.
While she was waiting for her ride, the restaurant’s delivery driver pulled up, parked, and went inside to pick up his next delivery. As he drove off, a voice from the back seat startled him, asking if he was the Lyft driver.
He quickly returned to the business and instructed the bartender that he had an intoxicated patron in his car.
The bartender escorted the customer back inside, where he served her some food and helped her order another ride home. Then, because he thought she was not going to drive, he served her another drink and shot and returned her keys.
When the customer walked outside to wait for her next ride, she decided that she was fine to drive and proceeded to get into her own vehicle and drive off. A few miles away, she crossed the center line of the highway and struck another vehicle head-on. The customer was killed, and the innocent other driver suffered various serious injuries.
Because the bartender had served an obviously and visibly intoxicated driver, the business was in violation of the dram shop law and was held responsible for the serious consequences. Just because the bartender did not think the customer was driving does not absolve their liability.
In fact, in some jurisdictions, a person who is overserved and chooses to walk home can bring an action against the bar if they sustain an injury due to being struck by a vehicle. We have also had claims where the Allegedly Intoxicated Person arrives home safely only to get into an altercation with a family member or neighbor. The injured party can bring the license holder/insured into a suit.
It is never acceptable to serve an obviously intoxicated customer, regardless of whether they are driving. In most states, this is a direct violation of the dram shop laws and creates liability to the liquor license holder for any subsequent injuries that may occur. Servers and bartenders should be trained to recognize the signs of intoxication and how to effectively discontinue service.
For information on alcohol server training available from ICC, visit our partner in safety education, Katkin, at www.katkinco.com.
