Should social hosts or commercial providers of alcohol who negligently serve guests or who fail to take
Question:
Should social hosts or commercial providers of alcohol who negligently serve guests or who fail to take steps to prevent guests from injuring others be liable in tort? In other words, does the defendant owe a duty to protect the plaintiff from foreseeable harms caused by a party with whom the defendant has a special relationship?
California Civil Code section 1714 (b)(c) provides protection from tort liability for commercial providers of alcohol or social hosts for harms caused by negligence in serving or failing to protect plaintiffs injured by the inebriated customer or guest. Exceptions exist if commercial providers or social hosts serve minors who end up harming others. What do we think about all this? Should a bar who keeps plying an alcoholic customer with drinks, knowing that the customer will drive away and potentially get into a terrible accident, owe a duty to those harmed by the drunk driver? Or is the drunk driver the "sole" cause of the harm? Would it be too great a burden on the bar to call for a taxi or cut off the drinker? Are there larger forces at play (insurance industry and hospitality industry)?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts