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Liability for a bar owner

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dgmccain

Junior Member
What is the name of your state (only U.S. law)? Tennessee
I apologize if this question is posted in the incorrect category but it is a liability issue involving DUI. There is a coin-operated breathalyzer made to be placed in bars where customers can follow the instructions and a digital BAC is displayed. The device is marked "for entertainment purposes only."

Can the owner of the bar be held liable if a customer leaves the bar and gets arrested for DUI or, God forbid, kills someone? If the machine is owned by someone other than the bar owner, can they be held liable?
 
Last edited by a moderator:


cyjeff

Senior Member
That machine is for entertainment purposes only.

Using it or it's accuracy is not relevant to any case you outlined.

In other words, no, you can't blame a novelty breathalyzer.
 

justalayman

Senior Member
the bar owner and bartender already have a great deal of possible liability regardless of the "for entertainment only" breathalyzer. Tenn has a dram shop law.
 

FlyingRon

Senior Member
The bar owner is not liable for your criminal DUI.
They could be held liable, as pointed out, not because of the breathalizer game but because they're not supposed to sell drinks to people to the point of intoxication and can be civilly liable for damages that the intoxicated person causes (either to themselves or others).
 

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