Over serving alcohol

[Moonijane]

Wyoming
Who do you contact if a loved one was over served alcohol at a bar, then went home less than a quarter of a mile, slid in driveway and fell, then laid outside all night and died.

 

[Zigner]

Wyoming
Who do you contact if a loved one was over served alcohol at a bar, then went home less than a quarter of a mile, slid in driveway and fell, then laid outside all night and died.

How does one know this loved one was "over served" at the bar?

 

[quincy]

Wyoming
Who do you contact if a loved one was over served alcohol at a bar, then went home less than a quarter of a mile, slid in driveway and fell, then laid outside all night and died.

First, your post has nothing to do with defamation, which is the publication of false facts that lead to reputational injury.

What you describe sounds like a terrible accident but not one that easily leads to placing blame on anyone other than the unfortunate victim.

 

[Moonijane]

How does one know this loved one was "over served" at the bar?

It’s on video, and the bartender told me exactly what she drank that was working. The owner was present. The owner was drunk also. The lady that passed away frequents the bar, but usually is home by 5 or 6pm, and left at 12:35 am the night she fell. That probably makes no difference but other than the authorities, should I contact the liquor commission? The authorities are aware of what has happened, but I’m not sure if anything will be done. This is a very small town

 

[Moonijane]

First, your post has nothing to do with defamation, which is the publication of false facts that lead to reputational injury.

What you describe sounds like a terrible accident but not one that easily leads to placing blame on anyone other than the unfortunate victim.

I wasn’t sure what to put question under, and yes, very unfortunate, but would not have happened if victim was not over served. This is just one of many bad things that has happened out of this bar. Hopefully the authorities here will do their job and then there will be no more tragic incidents from this place

 

[quincy]

It’s on video, and the bartender told me exactly what she drank that was working. The owner was present. The owner was drunk also. The lady that passed away frequents the bar, but usually is home by 5 or 6pm, and left at 12:35 am the night she fell. That probably makes no difference but other than the authorities, should I contact the liquor commission? The authorities are aware of what has happened, but I’m not sure if anything will be done. This is a very small town

What is it that you want to happen? Who are you in relation to the woman who died?

It appears from what you have said that the woman drank more than she should have, chose to drive despite being intoxicated, and was lucky to make it home without killing anyone else on the road. Her collapse in the driveway and subsequent death could not really be predicted.

 

[Just Blue]

Wyoming
Who do you contact if a loved one was over served alcohol at a bar, then went home less than a quarter of a mile, slid in driveway and fell, then laid outside all night and died.

The police.

 

[PayrollHRGuy]

Looks as if under Wyoming law the bar is not liable unless they were notified in writing that the person was an "habitual drunkard".




12-8-301. Limitation of liability.
(a) No person who has legally provided alcoholic liquor or malt beverage to any other person is liable for damages caused by the intoxication of the other person.
(b) This section does not affect the liability of the intoxicated person for damages.
(c) This section does not affect the liability of the licensee or person if the alcoholic liquor or malt beverage was sold or provided in violation of title 12 of the Wyoming statutes.
(d) For purposes of this section “licensee” is as defined in W.S. 12-1-101(a) (viii) and includes the licensees’ employee or employees.

12-5-502. Liability for sale to child, ward or habitual drunkard when written notice thereof given. If any court, parent or guardian gives written notice to any licensee that his or her child or ward is under the age of twenty-one (21) years, or any spouse or dependent gives written notice to a licensee that his or her spouse or person liable for the support of the dependent is an habitual drunkard and by reason of habitual drunkenness is neglecting to provide support for the spouse or dependent and the licensee or permittee so notified thereafter sells or gives any alcoholic liquor or malt beverage to the child, ward or habitual drunkard, the person giving the notice may bring an action in district court, against the licensee and upon proof of acts stated in the notice recover in the action the actual damages sustained, punitive damages and costs.

 

[quincy]

With alcohol consumption, it can be hard to judge the intoxication of another - which is why when the police pull over a driver for signs of impaired driving, they do field tests and require breathalyzers.

Apparently neither the bartender nor the victim thought she had consumed too much. The victim apparently thought she was sober enough to drive.

 

[Just Blue]

With alcohol consumption, it can be hard to judge the intoxication of another - which is why when the police pull over a driver for signs of impaired driving, they do field tests and require breathalyzers.

Apparently neither the bartender nor the victim thought she had consumed too much. The victim apparently thought she was sober enough to drive.

OP didn't say the victim drove...To me, it seems like the victim walked the short distance home and had the slip and fall in her driveway.

 

[Zigner]

...but would not have happened if victim was not over served.

It wouldn't have happened if the loved one hadn't decided to get drunk. Place blame where blame is due.

I'm sorry to sound callous, but I'm sure that it's entirely possible that your grief is clouding your view of this.

 

[Zigner]

Referring to the deceased relative as a "victim" is implying that some sort of wrong was perpetrated against the relative.

 

[Moonijane]

Looks as if under Wyoming law the bar is not liable unless they were notified in writing that the person was an "habitual drunkard".




12-8-301. Limitation of liability.
(a) No person who has legally provided alcoholic liquor or malt beverage to any other person is liable for damages caused by the intoxication of the other person.
(b) This section does not affect the liability of the intoxicated person for damages.
(c) This section does not affect the liability of the licensee or person if the alcoholic liquor or malt beverage was sold or provided in violation of title 12 of the Wyoming statutes.
(d) For purposes of this section “licensee” is as defined in W.S. 12-1-101(a) (viii) and includes the licensees’ employee or employees.

12-5-502. Liability for sale to child, ward or habitual drunkard when written notice thereof given. If any court, parent or guardian gives written notice to any licensee that his or her child or ward is under the age of twenty-one (21) years, or any spouse or dependent gives written notice to a licensee that his or her spouse or person liable for the support of the dependent is an habitual drunkard and by reason of habitual drunkenness is neglecting to provide support for the spouse or dependent and the licensee or permittee so notified thereafter sells or gives any alcoholic liquor or malt beverage to the child, ward or habitual drunkard, the person giving the notice may bring an action in district court, against the licensee and upon proof of acts stated in the notice recover in the action the actual damages sustained, punitive damages and costs.

Thank you

 

[zddoodah]

Who do you contact if a loved one was over served alcohol at a bar, then went home less than a quarter of a mile, slid in driveway and fell, then laid outside all night and died.

Someone else asked how you know that this person was "over served," and your answer was that it's on video, but that's not responsive to the question, so I'll ask a slightly different question (and then a couple others):

1. Please define "over served." Exactly how much of what alcohol was this person served over what period of time?
2. How much did this person weigh?
3. What is the nature of your relationship to the deceased?
4. Was an autopsy done? If so, what conclusions were reached?
5. If no autopsy was done, what is the cause of death listed on the death certificate?
6. What result are you seeking?

should I contact the liquor commission?

Can't see any reason not to do so.

The authorities are aware of what has happened

Which authorities?

 

[quincy]

OP didn't say the victim drove...To me, it seems like the victim walked the short distance home and had the slip and fall in her driveway.

You’re right. I made an assumption that may or may not be true. Sorry.