Between approximately 7:45 p.m. and 9:30 p.m., bartenders at Big Jim’s Tavern se
ID: 467714 • Letter: B
Question
Between approximately 7:45 p.m. and 9:30 p.m., bartenders at Big Jim’s Tavern served four Long Island Iced Teas to Alan Wickliff. Shortly after leaving Big Jim’s, Wickliff drove his vehicle into a car driven by William Roland Stine, who dies as a result. At the time, Wickliff was intoxicated and had a blood alcohol level of 0.21. Proper-Owners Insurance had issued a Commercial General Liability Policy to Big Jim’s that was in force and effect. The policy excluded bodily injury for which Big Jim’s was liable by reason of causing or contributing to the intoxication of any person or furnishing alcoholic beverages to a person under the influence of alcohol. Property-Owners asked a court to rule the policy provided no coverage for Wickliff’s death. Was Property-Owners correct?
Subject; MKTG1130-Business Regs and Compliance
Please don't copy and past from book answer
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Explanation / Answer
Property owner was not correct because the liability doesn’t lie with Big Jim as no law suggest that a shop can offer only permissible (to driving) quantity of alcohol to a customer so that he can dive his car on its own without causing harm. The shop has no knowledge whether his customer is going back after drinking by driving his car. Moreover, it is the responsibility of customers to mange themselves after drinks and makes sufficient arrangement so that they won’t cause problem to themselves and others. There is only one case where shop can be held responsible if it force the customer to drink excessively without the will of customer but no such incident has been found in the case. Thus property owner cannot use the charges of violation of the Dram Shop act.
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