Bartender Liability: What You Need To Know

When you go to the bar for a drink, you should avoid driving. However, not all people refrain from driving, and many are pulled over by the police for suspicion of driving under the influence of alcohol. You are liable for how much you drink, but your bartender could also be partly responsible for your DUI charge. In many states, it is against the law to provide or sell alcohol to those who appear to have been overserved. If a bartender continues to serve you drinks while you appear inebriated, you may have a case of bartender liability. If you think this may pertain to you, the following can be helpful:

Do Bartenders Have Special Sobriety Training?

A bartender does not have the training to conduct a field sobriety test or a breathalyzer test to determine how much you have had to drink. However, he or she is trained on the warning signs of a person who has had too much. Bartenders look for signs such as slurred speech, the inability to balance, or cannot have a coherent conversation. If the person appears intoxicated, no matter how much a person had previously, they should not serve the patron a drink.

Are Bartenders Commonly Held Responsible for DUIs?

The state and city of the bar will determine the frequency at which bartenders are held liable for a patron's DUI charge. In smaller towns or those with a large religious population, it is possible law enforcement will enforce the laws strictly versus those in a more urban or a tourist area.

Other times, the laws may not be enforced strictly because smaller towns have smaller budgets. Law enforcement may have more important things to spend time and money on than a possible case of bartender liability.

Additionally, bartender liability is not always a clear-cut case and is often undefined in some areas. In fact, many municipalities may not even know bartender liability exists or is an option, so it goes unenforced in many areas. Bartender liability is often difficult to prove as well since it is often a case of he-said-she-said.

If you choose to drink and drive and you believe the bartender is partially to blame, keep in mind it that may not always work out in your favor. If the laws are enforced in your area, however, you may have grounds for a civil lawsuit against the bartender with suitable proof. For more information, contact a company like Barry W Engle PC today.