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Example of "The Sue Culture": Suing bars after fatal DUIs

TarHeelNation11

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Mar 9, 2007
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I've been on record here several times (wait, this is all being recorded right?) of despising the "sue culture" that exists in this country. I've also been on record of stating my belief that judges are some of the dumbest, ridiculous, most short-sighted elected/appointed people we have in government, from local to federal.

Things have been allowed to deteriorate so badly in today's America, that everyone from policy makers to businesses to sports teams walk on egg shells and overly PC everything because they are terrified of getting sued. This thread dovetails with the "legalize pot" thread in that dumbass simpletons are being rewarded for their sheer stupidity because judges 1) allow such civil cases to even exist in the first place, and 2) side with the person who's suing, even when it's very obvious that the person is just a dumbass and is seeking financial reward because of a technicality.

I want to give an example of this sue culture that I feel particularly strongly about: those who sue bars that served someone who later drove drunk and injured/killed himself or others. There are examples of this happening all the time; just Google it. I HATE this with a passion. Where the hell did personal accountability go? Seriously, where did it go? What is the purpose of a bar? To serve alcoholic drinks. Obviously everyone who leaves a bar is going to be buzzed.

It's like the bar in Chapel Hill that was sued (I think this was He's Not Here, but I may be getting my stories mixed up) because someone got too drunk there, left, drove his car (smart), hopped a curb and struck and killed a woman. How is it the bar's fault that he left and decided to drive?! Why is the bar responsible? Why is the person not responsible? Well I know the obvious answer to that.....the bar has more money to pay out in a civil suit than the guy probably does. That just don't sit right with me.

I look forward to some of y'all arguing with me on this one because no one has ever convinced me that a bar should be open to a civil suit due to a driving incident that occurs off their property. Do I think bars should look to cut people off who they deem to be too drunk? Yes, absolutely. Do you know what the problem is with that? It's very subjective because some people "show" their level of drunkenness much more than others. I have friends (and sometimes myself, admittedly) who can be on the verge of blackout drunk, and can still have a very, very functional conversation and will still get served because they don't look or act drunk. I also have other friends who start slurring after like two drinks but aren't even over the legal limit. So how the hell is the bar supposed to know the difference? They're not going to catch 100% of people before they're over-served.

My logic is this. Look at all the steps you have to take to kill someone by drunk driving from the point of you leaving to go to a bar:

- decide to drive yourself there (and you know when you're going out for a "tipsy" drunk or a "drunk" drunk)
- order drink after drink, even though you know in the back of your mind, you're starting to get too drunk to drive safely
- decide to drive yourself home (hello?!? Walk, uber, taxi, call a friend, bum a ride, etc)
- start driving
- fail at driving because you're too drunk and crash into someone

That's a lot of failed personal responsibility on the account of the individual, yet the bar gets sued? All they did was serve drinks which is their primary, secondary, and tertiary business model. Plus, most bars have signs in bathrooms that advertise taxi services and DUI attorneys, which is supposed to be a big "HELLO STUPID" warning.

Why not sue the liquor distillers while we're at it? And let's sue the car company since it didn't have an anti-start-when-you're-drunk device in it! I hate the sue culture. Personal accountability is dead.
 
I agree with you, the bar (or any other business) should not be responsible for the actions of its customers after they leave.

It's not unreasonable to require them to take reasonable precautions against serving minors, over-serving, etc. and/or to advertise ride services, but suing a bar for somebody driving drunk is absurd.
 
I agree with you, the bar (or any other business) should not be responsible for the actions of its customers after they leave.

It's not unreasonable to require them to take reasonable precautions against serving minors, over-serving, etc. and/or to advertise ride services, but suing a bar for somebody driving drunk is absurd.
+1. No argument from me whatsoever.

I bought a new bike last weekend. Before I left the shop, I had to sign a waiver that stated I was aware of the inherent dangers of operating a bicycle, knew that helmets prevented injuries, etc. Welcome to America circa 2016.
 
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+1. No argument from me whatsoever.

I bought a new bike last weekend. Before I left the shop, I had to sign a waiver that stated I was aware of the inherent dangers of operating a bicycle, knew that helmets prevented injuries, etc. Welcome to America circa 2016.
Ugh seeeee, this is what I'm talking about. You best believe some jackleg would sue that bike shop if they got hurt too.

Some moron at a Braves game last summer got super drunk and fell over a railing in the outer concourse and died. I know exactly where he fell. Those railings come up to my upper chest. You have to be looking to die to "fall" over that railing. Or do something really stupid like try to sit on it while smoking a cigarette (this is the designated smoking area in Turner Field). Of course, news came out recently that his family is suing the Braves and/or Turner Field (don't remember which entity) for a wrongful death. Um, wtf was Turner Field supposed to do, handcuff that guy to a babysitter all night to make sure he didn't jump over a railing?
 
It's not unreasonable to require them to take reasonable precautions against serving minors, over-serving, etc. and/or to advertise ride services,
Agreed

but suing a bar for somebody driving drunk is absurd.
It is absurd. Nevertheless, they do sue and they win a decent amount, or the bar agrees to a settlement out of fear of getting bilked for a much larger sum.
 
+1. No argument from me whatsoever.

I bought a new bike last weekend. Before I left the shop, I had to sign a waiver that stated I was aware of the inherent dangers of operating a bicycle, knew that helmets prevented injuries, etc. Welcome to America circa 2016.
All these waivers and warning labels are getting ridiculous. There was a warning label on my child's car seat that said something to the effect of "don't leave your child in the seat when the seat is placed on a counter due to risk of injury in the event of a fall." Really? You really need to warn me not to do that? It's probably on there because that actually happened and they were sued.
 
Good friend of mine in carolina beach lost his restaurant over this about ten years ago.

Heres the story

After hours christmas party for the employees. Everyone gets drunk but the owner delivers everyone home in his private limo he uses to advertise the business. One of the employees (admittedly underage by 4 mos) decided to drive downtown AFTER BEING TAKEN HOME. He wrecks and kills a passenger. Restaurant was shut down, story gets misreported by the flaming morons here at the star news and local tv implying the guy was leaving the party and drove and wrecked, owner and his wife are ostracized by the community and have to move, dead guy's family sues and wins and bankrupts the owner.
 
It's probably on there because that actually happened and they were sued.
And there's the problem. Granted, there are some cases where negligence by the business outweighs negligence by the customer (the classic and misunderstood McDonald's coffee case is a prime example), but as a general rule why are so many of these ridiculous cases being awarded in favor of the plaintiff? Oh, I might split my skull open if I wreck my bike without a helmet? No shit! That one is on me.
 
Yup, just another thing in the long list of warning signs that show that culture is going in a backwards direction. So many instances of this happening. One of the famous ones being the woman who sued McDonald's because she spilled the coffee she bought on herself and it was hot - who would have guessed that!?!? Now they have those warnings "Caution: This coffee is hot" on the sides. How stupid is that?

That'd be like if I jumped in front of train, and it ran me over and killed me, and my family sued the city saying they should have a sign there saying "Warning: Jumping in front of trains may cause severe injury and/or death". And in every pond/lake/ocean/pool they should have signs "Warning: Swimming increases the risk of drowning". And at every intersection "Warning: crossing the street increases the risk of being struck by a vehicle". I mean, when will it end?
 
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Good friend of mine in carolina beach lost his restaurant over this about ten years ago.

Heres the story

After hours christmas party for the employees. Everyone gets drunk but the owner delivers everyone home in his private limo he uses to advertise the business. One of the employees (admittedly underage by 4 mos) decided to drive downtown AFTER BEING TAKEN HOME. He wrecks and kills a passenger. Restaurant was shut down, story gets misreported by the flaming morons here at the star news and local tv implying the guy was leaving the party and drove and wrecked, owner and his wife are ostracized by the community and have to move, dead guy's family sues and wins and bankrupts the owner.
See that pisses me the heck off. I guess the underage part may have been what ultimately doomed him, but that shouldn't matter because he was driven home safely in a limo. That should absolve all "guilt" from the restaurant owner. The kid then made his own decision to drive after that, like a dumbass.

Here's another thing........how can the dead guy's family feel good about taking away another man's livelihood and bankrupting him? How can they feel good about that? I've never been in that situation and I pray I never am, but my gut tells me I would never want to sue the restaurant owner if my relative was killed in that circumstances. Would that make my relative come back to life? No.

What are they gonna do, go vacation the world with money gained because their son died....? Seems pretty ****ed up.
 
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Granted, there are some cases where negligence by the business outweighs negligence by the customer (the classic and misunderstood McDonald's coffee case is a prime example), ...

Yup, just another thing in the long list of warning signs that show that culture is going in a backwards direction. So many instances of this happening. One of the famous ones being the woman who sued McDonald's because she spilled the coffee she bought on herself and it was hot - who would have guessed that!?!? Now they have those warnings "Caution: This coffee is hot" on the sides. How stupid is that?

LOL
 
That article makes the claim that maybe McDonald's had some fault in the issue too. Which is fine - but my point remains: who doesn't expect coffee to be hot... and even more importantly, why do people need a warning on the cup telling them the hot coffee they bought is hot?

Am I missing something here?

Also, consider the source of that article, and why they may want to paint the picture that the lady was in the right....

Consumer Attorneys of California is a professional organization made up of nearly 3,000 attorneys who represent plaintiffs seeking accountability from those who do wrong. Among the consumers our attorney-members represent are:
  • Those injured or killed by defective products or drugs.
  • People who suffer discrimination because of age, gender, disability or race.
  • Individuals injured or killed because of another's negligent acts.
  • Citizens whose civil rights have been violated.
  • Workers who have been fired unjustly or injured on the job.
  • Investors and others wronged by financial institutions.
  • Those whose lives are undercut when insurance companies act in bad faith.
  • Patients who have negligently been harmed instead of healed by the health care industry.
 
Am I missing something here?
The coffee wasn't just hot, it was so hot that it induced 3rd degree burns in a matter of seconds. Worse, McDonald's knew this but didn't revise their corporate policy. Not in that link, but that particular McDonald's had also been cited numerous times by the local health department for the excessive temperature of its coffee. But to me the most damning evidence was that over 700 people had suffered burns and McDonald's just didn't GAF. Worth noting that the judge in the case did assign some fault to the plaintiff.
 
People expect coffee to be hot.
McDonalds' corporate policy was to serve coffee at a temperature beyond "hot," at which it could not be drunk, and at which it would produce scalding third-degree burns. This policy remained despite 10 years of mounting evidence that it was a bad idea and people were getting burned.
Bottom line, it's frequently used as the go-to example of a frivolous lawsuit, despite being a terrible example of a frivolous lawsuit.
 
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I've been on record here several times (wait, this is all being recorded right?) of despising the "sue culture" that exists in this country. I've also been on record of stating my belief that judges are some of the dumbest, ridiculous, most short-sighted elected/appointed people we have in government, from local to federal.

Things have been allowed to deteriorate so badly in today's America, that everyone from policy makers to businesses to sports teams walk on egg shells and overly PC everything because they are terrified of getting sued. This thread dovetails with the "legalize pot" thread in that dumbass simpletons are being rewarded for their sheer stupidity because judges 1) allow such civil cases to even exist in the first place, and 2) side with the person who's suing, even when it's very obvious that the person is just a dumbass and is seeking financial reward because of a technicality.

I want to give an example of this sue culture that I feel particularly strongly about: those who sue bars that served someone who later drove drunk and injured/killed himself or others. There are examples of this happening all the time; just Google it. I HATE this with a passion. Where the hell did personal accountability go? Seriously, where did it go? What is the purpose of a bar? To serve alcoholic drinks. Obviously everyone who leaves a bar is going to be buzzed.

It's like the bar in Chapel Hill that was sued (I think this was He's Not Here, but I may be getting my stories mixed up) because someone got too drunk there, left, drove his car (smart), hopped a curb and struck and killed a woman. How is it the bar's fault that he left and decided to drive?! Why is the bar responsible? Why is the person not responsible? Well I know the obvious answer to that.....the bar has more money to pay out in a civil suit than the guy probably does. That just don't sit right with me.

I look forward to some of y'all arguing with me on this one because no one has ever convinced me that a bar should be open to a civil suit due to a driving incident that occurs off their property. Do I think bars should look to cut people off who they deem to be too drunk? Yes, absolutely. Do you know what the problem is with that? It's very subjective because some people "show" their level of drunkenness much more than others. I have friends (and sometimes myself, admittedly) who can be on the verge of blackout drunk, and can still have a very, very functional conversation and will still get served because they don't look or act drunk. I also have other friends who start slurring after like two drinks but aren't even over the legal limit. So how the hell is the bar supposed to know the difference? They're not going to catch 100% of people before they're over-served.

My logic is this. Look at all the steps you have to take to kill someone by drunk driving from the point of you leaving to go to a bar:

- decide to drive yourself there (and you know when you're going out for a "tipsy" drunk or a "drunk" drunk)
- order drink after drink, even though you know in the back of your mind, you're starting to get too drunk to drive safely
- decide to drive yourself home (hello?!? Walk, uber, taxi, call a friend, bum a ride, etc)
- start driving
- fail at driving because you're too drunk and crash into someone

That's a lot of failed personal responsibility on the account of the individual, yet the bar gets sued? All they did was serve drinks which is their primary, secondary, and tertiary business model. Plus, most bars have signs in bathrooms that advertise taxi services and DUI attorneys, which is supposed to be a big "HELLO STUPID" warning.

Why not sue the liquor distillers while we're at it? And let's sue the car company since it didn't have an anti-start-when-you're-drunk device in it! I hate the sue culture. Personal accountability is dead.
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The coffee wasn't just hot, it was so hot that it induced 3rd degree burns in a matter of seconds. Worse, McDonald's knew this but didn't revise their corporate policy. Not in that link, but that particular McDonald's had also been cited numerous times by the local health department for the excessive temperature of its coffee. But to me the most damning evidence was that over 700 people had suffered burns and McDonald's just didn't GAF. Worth noting that the judge in the case did assign some fault to the plaintiff.

I do hate those places that serve stuff way too hot like that. Dunkin Donuts is the worst when it comes to their hot chocolate. I've burned my mouth on that crap several times since I was a kid (admittedly, I should have learned by now).

Bottom line, it's frequently used as the go-to example of a frivolous lawsuit, despite being a terrible example of a frivolous lawsuit.

Fair enough - expecting someone to not dump hot coffee on themselves may be a bit much. There are thousands of actual frivolous lawsuits that can be cited in lieu of this one.
 
I do hate those places that serve stuff way too hot like that. Dunkin Donuts is the worst when it comes to their hot chocolate. I've burned my mouth on that crap several times since I was a kid (admittedly, I should have learned by now).



Fair enough - expecting someone to not dump hot coffee on themselves may be a bit much. There are thousands of actual frivolous lawsuits that can be cited in lieu of this one.
Dunkin Donuts is the best thing the North has ever given the South. I love DD. Their blueberry cake donuts are out-of-this-world delicious.
 
Nah it isn't. I know that's sacrilege for me to say, but DD is way better.

In my defense, though, I ate DD way more times as a kid because they had DD in Georgia when I was growing up and no KK stores. The only KK donuts you could get were the pre-packaged glazed dozens at grocery stores (which are, admittedly, amazing). I didn't eat at an actual KK until I was 20 and at UNC.
 
It's rare when I think of a donut that I would be thinking of anything other than KKs glazed and chocolate glazed. I like other pastries and that's what I'll go to DD for. Boston Cream, to me, is not a donut. However it is a delicious pastry that I will cut someone over.
 
It's rare when I think of a donut that I would be thinking of anything other than KKs glazed and chocolate glazed. I like other pastries and that's what I'll go to DD for. Boston Cream, to me, is not a donut. However it is a delicious pastry that I will cut someone over.
Boston Cream from DD is so dang good.
 
Ironically, Boston Cream is my least favorite donut (or pastry or whatever). Something about custard just gives me the willies. Ties into my disdain for similar looking/consistency foods (Yogurt, Mayo, etc.)
 
Ironically, Boston Cream is my least favorite donut (or pastry or whatever). Something about custard just gives me the willies. Ties into my disdain for similar looking/consistency foods (Yogurt, Mayo, etc.)
Mayo? You don't like man sauce?

I'd spoon from a bowl of Dukes Mayo!
 
Mayo? You don't like man sauce?

I'd spoon from a bowl of Dukes Mayo!

Ya, theres a few things like that I don't like. I think it's mostly a texture thing, something about a glob in my mouth that makes me want to gag (queue a ghey joke here). Mayo I can't do regardless of quantity. Sour Cream, Butter, Cream Cheese, Yogurt - I can't really do those either, but more if its "globbed" on. Like I scrape some cream cheese on a bagel, and can obviously eat cookies and cakes and mashed potatoes and other things that have butter mixed in, but I would never layer butter on a piece of bread, or put a lot of cream cheese on a bagel, or something like that. One thing that's really weird is that queso is one of my favorite things - you know the cheap jarred Tostitos queso dip - and I can eat an entire jar of that stuff in one sitting if its warm and either on chips or dipping chips in it. But if I were to put a spoonful of that stuff in my mouth right out of the fridge and cold - I'd puke.

Yes, I'm an odd duck.
 
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