Can I be sued for somebody drinking too much while playing my drinking game?

[ChrisAkaJesus]

What is the name of your state (only U.S. law)? I live in Florida, but sell the game nationally.

Can I be held liable for alcohol related accidents from my card game? I've designed a drinking card game, and have many warnings about 21 only drinking, drink responsibly, don\'t drink and drive, etc on the packaging, website and facebook page, but if they were to play my game, get a DUI or worse, could I be held liable for whatever happens because they were drinking while playing my game? This is the only thing stopping me from mass producing my game to sell to the public.

I will not be naming the game here, but the game is basically a "draw a card - perform the action" type game. You do drink a bit, but it's designed to play with alcoholic beverages 6% ABV or less (as stated on the packaging), so it's not something you take shots every few minutes.

 

[quincy]

The "preview feature" on this site malfunctions with some posters and deletes posts instead of printing them. Try again by either using the "edit post" feature or by replying to this post with details about your question (and the name of the state from which you are posting).

The answer to your thread title, by the way, is technically "yes," because people can sue other people for pretty much any reason at all.

However, it depends on the facts as to whether any suit would have merit.

 

[ChrisAkaJesus]

Edited the original post.

The "preview feature" on this site malfunctions with some posters and deletes posts instead of printing them. Try again by either using the "edit post" feature or by replying to this post with details about your question (and the name of the state from which you are posting).

The answer to your thread title, by the way, is technically "yes," because people can sue other people for pretty much any reason at all.

However, it depends on the facts as to whether any suit would have merit.

Thanks, fixed it. That's the first time that's happened.

 

[quincy]

I can answer part of your question now and others will be by, probably shortly, to address the rest.

As to your warnings and disclaimers, on both the packaging of your game and on your website, these are definitely good to have and, when worded properly, warnings and disclaimers can work to mitigate any damages that may be awarded should you be sued and lose the suit. They will not, however, prevent a lawsuit from being filed against you in the first place.

Now I will bow out and let others address the legalities involved in marketing a drinking game like the one you've created.

 

[Mass_Shyster]

Products liability law is complicated and scary. It all boils down to whether your product is "unreasonably dangerous". If a jury finds your product is unreasonably dangerous, you become liable for damages.

When someone gets hammered after playing your game and takes out a busload of kids you can bet you will be sued. Whether the suit has merit is another question entirely. If you don't defend yourself you will lose by default judgment.

I would not consider selling any product without carrying product liability insurance. Look for the Restatement of Torts 2nd 402a for more info.

 

[justalayman]

Products liability law is complicated and scary. It all boils down to whether your product is "unreasonably dangerous". If a jury finds your product is unreasonably dangerous, you become liable for damages.

When someone gets hammered after playing your game and takes out a busload of kids you can bet you will be sued. Whether the suit has merit is another question entirely. If you don't defend yourself you will lose by default judgment.

I would not consider selling any product without carrying product liability insurance. Look for the Restatement of Torts 2nd 402a for more info.

but what liability could attach if the game involved drinking soda. If the user chose to replace the recommended soda with an intoxicant, why would the manufacturer be liable?

 

[latigo]

What is the name of your state (only U.S. law)? I live in Florida, but sell the game nationally.

Can I be held liable for alcohol related accidents from my card game? I've designed a drinking card game, and have many warnings about 21 only drinking, drink responsibly, don\'t drink and drive, etc on the packaging, website and facebook page, but if they were to play my game, get a DUI or worse, could I be held liable for whatever happens because they were drinking while playing my game? This is the only thing stopping me from mass producing my game to sell to the public.

I will not be naming the game here, but the game is basically a "draw a card - perform the action" type game. You do drink a bit, but it's designed to play with alcoholic beverages 6% ABV or less (as stated on the packaging), so it's not something you take shots every few minutes.

What do you plan to do with your life when you grow up?

 

[ChrisAkaJesus]

What do you plan to do with your life when you grow up?

Do you just go around judging people based off of hobbies? I'm 24 years old, own a business in Florida and have a job on the side. This has been a game I made as a hobby and have had dozens of pre-orders from college friends. Just because you aren't interested doesn't mean that I'm immature for making a party game for people.

 

[quincy]

but what liability could attach if the game involved drinking soda. If the user chose to replace the recommended soda with an intoxicant, why would the manufacturer be liable?

justalayman, I can't remember if you were part of the thread on the boy who was injured, uh, "riding" on a vacuum cleaner. In that thread, tranquility provided a good case example of what a manufacturer can be held liable for, should someone be injured using their product in a way not intended by the manufacturer.

This is why you often find products labeled with bizarre warnings of what NOT to do with the product, that you cannot believe any sane consumer would consider doing in the first place (ie, using an inner tube designed for a Barbie doll as a floatation device). Without careful labeling, some parent would no doubt sue Mattel when their genius child tries out the doll accessory in the backyard swimming pool and sinks.

 

[ajfarms1]

but what liability could attach if the game involved drinking soda. If the user chose to replace the recommended soda with an intoxicant, why would the manufacturer be liable?

What happens if a diabetic plays the game with soda, and if the instructions don't specify diet soda, is the manufacturer liable. Thanks to liberal courts, ambulance chasers and a society slowly losing all its common sense thanks to finger pointing, soon instruction books will read, CAUTION: Purchase and use this product at you own risk. If you don't agree don't buy this product. And that would also have to be printed in every language known to humans! Depending what your instructions say, if your profiting from instructions on drinking alcohol, you will probably be liable.