Question of the Day: Can You Serve This Man Under Dram Shop Laws?

In torts, we have been exploring the requirements of state dram shop law for bars, restaurants, and other businesses. This video would probably constitute one extreme on the scale from serving and “over-serving” in the industry.

Most cases are a bit more difficult for businesses to determine the limit for consumption (here).

13 thoughts on “Question of the Day: Can You Serve This Man Under Dram Shop Laws?”

  1. Based on his shambling gait, it would be reasonable for the shop owner to assume that he was a zombie rather than a drunkard. You can sell beer to zombies, though I don’t think they are of sufficiently sound mind to sign contracts.

  2. The question is not/was not ripe: he never got to the checkout.

    Even so, and applying the Missouri law from RSMo 537.053 – http://www.moga.mo.gov/statutes/c500-599/5370000053.htm , the convenience store owner is NOT liable. Here’s our language: a cause of action can be brought against

    “any person licensed to sell intoxicating liquor by the drink for consumption on the premises”

    where a victim has been killed or suffered “personal injury” (which, I suppose is not as severe as “serious bodily injury” that, as an element of an offense, can give rise to felony assault), provable by clear and convincing evidence (“propensity plus”) that the seller knew or should have known that he was selling to some under age 21 or that the seller knowingly sold to a visible intoxicated person.

    So the store owner or clerk doesn’t come under RSMo 537.053, and I figure our current dram shop law is drafted similarly to others around the country.

  3. Can this man be served under the dram shop laws?
    Yes, once the performance was in the can and downloaded at YouTube
    the players broke out the frosties.

  4. It would appear that this fellow should invest in one of those medical alert devices that elderly folks who live alone are encouraged to wear so they can contact someone when they’ve taken a spill and can’t right themselves. I remember well a line from commercials marketing the devices: “Help me I’ll fallen and I can’t get up.”

  5. Hey, who stole my identity. I have done that walk before. Not today though. Ok, first thing when I get up but not for the same reasons.

    Now, if they did not serve or sell. I do not believe that the Dram shop has any ability or obligation to do anything. This was funny.

  6. If this guy actually made it out to the street and was hit by a bus, would the store owner be leagally responsible? Shouldn’t they have called the cops instead of (attempting) to show him the door?

  7. Pop a top again
    I’ve just got time for one more round
    Sit em up my friend
    Then I’ll be gone and you can let some other fool sit down

    So it’s either here just drinking a beer or at home remembering her…

  8. POFLMAO! I laughed until I cried- this was the equivalent of the puppy that couldn’t roll over to get up, you made my day Professor. Thanks, I needed that. 🙂

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