Johnson and Wales University Overserving Alcohol Case Study

I’m working on a law discussion question and need an explanation and answer to help me learn.

On his way home from a long day of work, Jake Sumner, a thirty-five-year-old software engineer, stopped at the bar at an upscale hotel to unwind. At the bar, Mr. Sumner ordered a margarita and a steak dinner. Before the meal arrived, Mr. Sumner ordered a second margarita. When his food was served, at Mr. Sumner’s request, the bartender also brought him a draft beer. It was an unusually busy evening in the bar because a championship baseball game had a drawn a large number of people to enjoy the game on the establishment’s big screen televisions. Mr. Sumner stayed for several hours to watch the game, ordering three more beers before finally deciding to head home.

Mr. Sumner had parked his car in the hotel garage. As he was heading for the garage exit, another car cut him off. There was no impact, and nobody was hurt. The driver of the other car, a young woman named Melissa Johnson, stopped her car and got out, intending to apologize to Mr. Sumner. Before Ms. Johnson could say anything, however, an enraged Mr. Sumner screamed at her, threatened her, and finally shoved her to the ground. Mr. Sumner then got in his car and drove away. As a result of the fall, Ms. Johnson broke her wrist.

On the way home, Mr. Sumner, still fuming, was driving down a winding two-land road when he lost control of his car and hit a tree. He suffered serious injuries in the accident, was hospitalized, and missed six weeks of work.

Discuss the bar’s potential liability for both Ms. Johnson’s injuries and Mr. Sumner’s injuries.

MLA 9, Works Cited!

Articles:

• Restaurant Liability for Contaminated Food and Beverages Pursuant to Negligence, Warranty, and Strict Liability Laws

This reading explores the three common theories of liability that arise when the service of food or drink causes harm. Claims resulting from such harm can be brought under either, or all, the law of negligence, warranty, or strict liability.

• Alcohol Server Liability Lawsuits Result From Dram Shop Statutes

This article details the development of liability for the service of alcohol to the intoxicated or underage patron.

• Dram Shop Laws: Bar Owner Liability for Drunk Driving Accidents

This reading is a quick summary of dram shop liability.

• The Trends in Dram Shop Laws and How They Affect the Hospitality Industry: Balancing Competing Policy Considerations of Tort Reform and Curbing Drunk Driving

Discussing the history of imposing liability for the service of alcohol, this article also provides information on the rules from the various states.