Visibly Intoxicated

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Q: Late one Friday night, I began a visit to a tavern.  A patron had left his liquor on the bar.  He had taken his shirt off and was swaggering around.  I felt that the guy must be intoxicated, and probably on drugs, too.

My friends have told me that the bartender knew very well that this customer had been in jail and was always in trouble.  He had a reputation for fighting in the street and at home.  She knew that he had a temper that he puts into action.  She knew that the guy lacked a tolerance for liquor.

All the same, the bartender poured him another shot of whiskey.  Then the guy looked at me.  He said, “whatcha you lookin’ at” and began to beat me.

A: Such behavior by a patron before an extra shot, and such knowledge on the part of a bartender, can establish that your assailant was served alcohol while he was ‘visibly intoxicated’.  What is more, from what you say, it appears that a reasonable connection exists between the extra serving and the beating you suffered.

By ‘visibly intoxicated’, a lawyer means that the bartender should have known that your assailant would lack the tolerance for the second shot – that it would push him over the brink.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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