Archive for April 11th, 2019

Should Bars be Allowed to be Sued when they Serve Alcohol to Someone who Later Causes a DUI-Related Accident?

Thursday, April 11th, 2019

The question has been raised recently several times: Should victims of DUI-related collisions be allowed to sue the bar who served the drunk driver that caused the collision?

Relatives of an entire family that was killed by a drunk driver certainly think so.

Relatives of the Abbas family have filed a wrongful death lawsuit against two Kentucky bars who are accused of over-serving a customer, and against the customer’s estate.

According to the police report, in January of this year, Joey Lee Bailey consumed at least two 22-ounce beers and three double White Russians at the restaurant, Roosters Wings in Georgetown. Bailey then drove to Horseshoes Kentucky Grill & Saloon in Lexington. There he was served at least one beer and four more double White Russians.

After Bailey left the last bar, Lexington police said they received a report of a white pickup truck traveling in the wrong direction on the interstate. Shortly thereafter, a collision was reported.

Bailey had collided with an SUV carrying a family of five who were headed home from a vacation in Florida. Bailey did not survive and unfortunately neither did the occupants of the SUV; 42-year-old Issam Abbas, and Issam’s wife, 38-year-old Rima Abbas, along with their three children, 14-year-old Ali Abbas, 13-year-old Isabella Abbas and 7-year-old Giselle Abbas.

“For the surviving family members, as well as for their many friends left behind, the nightmare and grief caused by that crash will never go away,” said Greg Bubalo, an attorney representing the Abbas family. “By filing the lawsuit, the family hopes to hold those responsible accountable and ensure that this type of tragedy does not occur to another family. This is a second time fatalities have been alleged to have resulted from over-serving alcohol by Horseshoes.” 

According to the coroner, Bailey’s blood alcohol content level was 0.306 percent, more than three times the legal limit in Kentucky (and California) of 0.08 percent.

While I agree with Mr. Bubalo’s first statement, I wholeheartedly disagree with his second.

I’m sorry, but it is not the job of bars and restaurants to babysit customers. It is not their job to make sure they don’t drink and then drive. And it is not their job to monitor whether someone is too intoxicated to drive.

Bailey, an adult, made the decision to have that many drinks and then, after having left the bars, get behind the wheel. What were the bars supposed to have done? Breathalyze Bailey before he left? Were they supposed to take his keys away? Were they supposed to have someone monitor the exit of the parking lot?

Fortunately, thus far, the California legislature feels the same.

Fortunately, California sees it the same.

While other states such as Kentucky may hold a bar liable for injuries caused by a drunk driving customer, in California it is the customer’s willful decision to drink and then drive which is the cause of any subsequent DUI collision. Thus, in California, bars and restaurants are shielded from liability when a customer over drinks, drives away, and causes injury or damage.

California’s “Dram Shop Laws” (California Civil Code section 1714) read as follows:

(b) It is the intent of the Legislature to . . . reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.

(c) Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.

(d) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.

As you can see, the laws are different if the customer is under the age of 21. It is the responsibility of bar to ensure that their customers are of legal drinking age before serving them alcohol. People under the age of 21 are legally deemed incapable of making good decisions regarding alcohol use…like the decision not to drive after drinking at a bar.

While California’s law differ from other states with respect to civil liability, like Kentucky, a bar may be held criminally liable if they serve alcohol to an “obviously intoxicated person.”

According to California Business and Professions Code section 25602(a), “Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor.”

Having said that, I’ve been practicing criminal law for 10 year and I’ve never seen California Business and Professions Code section 25602(a) charged. My guess is that it’s difficult to prove that a bar knew that someone was “obviously intoxicated,” as might have been the case with the bars that served Bailey.

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