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SD lawyers- question here

6,544 1,490 August 20, 2012 at 11:16 AM in Chat
Long story short.

Bachelorette party last year. Girls drinking.
Girl was not drinking too much to get hammered.
Girl likely had drink spiked by guys.
Girl starts dancing on music stage for bands with other girls allowed by bar.
Girl passes out and face plants off the stage busting nose and teeth.
Girl goes to hospital - bar apologizes and promises to never let anyone dance on the stage again.
Girls insurance only covers so much of cosmetic repairs so girl decides to sue bar to cover the rest of the medical bills.

Case or no case?

Bars lawyers are trying to make a personal attack on girls character saying shes a crazy drunk and it will likely go to trial without a settlement.
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Joined Dec 2008
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Original Poster
PiratePenguin
08-20-2012 at 03:27 PM.
08-20-2012 at 03:27 PM.
no everyone went to the bar together...in 2 van taxis. and everyone was supposed to go home together in 2 van taxis.
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Joined Nov 2003
The original gay....
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HeyLookItsMe
08-20-2012 at 03:27 PM.
08-20-2012 at 03:27 PM.
Quote from UncleJace :
58 replies, how many are from lawyers? laugh out loud
on the interwebs everyone is both a doctor and lawyer
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Joined Jan 2004
Here's to the future
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Iaaaiws
08-20-2012 at 03:32 PM.
08-20-2012 at 03:32 PM.
Quote from HeyLookItsMe :

but all she needed was 1 person to go with her in a cab.... thats like me taking an 5-16 to the hospital after i get in a fender bender... the ER is not a party, there is no reason you needed 2 vans to get there and if you are looking for compensation for anything more than to get to the ER then you are SOL because that was your own trip on your own money.... if i go to disneyland and twist my ankle in a pothole, they dont pay for my plane tickets and i would never expect them to. I expect the to put a cone out to prevent others from being injured and i expect them to appologize to me and buy me an ankle brace and asprin. If they comp my tickets to the park thats awesome on their part but no way do they NEED to
I think you may need to slow down and read a little more carefully laugh out loud
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UncleJase
08-20-2012 at 03:34 PM.
08-20-2012 at 03:34 PM.
Quote from HeyLookItsMe :
on the interwebs everyone is both a doctor and lawyer
don't forget good looking.
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Joined Nov 2003
The original gay....
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HeyLookItsMe
08-20-2012 at 03:40 PM.
08-20-2012 at 03:40 PM.
Quote from Iaaaiws :
I think you may need to slow down and read a little more carefully laugh out loud
no.... i said if they are looking to be compensated for anything other then the ride to the ER they are SOL

Quote from UncleJace :
don't forget good looking.
apparently you havent met the mods

Quote from UncleJace :
58 replies, how many are from lawyers? laugh out loud
FWIW I successfully represented myself both in Small Claims and Civil court
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Last edited by HeyLookItsMe August 20, 2012 at 03:41 PM.
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UncleJase
08-20-2012 at 03:52 PM.
08-20-2012 at 03:52 PM.
Quote from mmathis :
Bartenders are responsible for everyone they serve drinks to, and they're not allowed to serve to intoxicated people. Her passing out is a good indication that she had too much to drink, possibly putting the blame on the bartender and thus, the bar.
I am no lawyer, nor would I ever try and give legal advice to anyone, but I agree with this post 100%.
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HeyLookItsMe
08-20-2012 at 03:55 PM.
08-20-2012 at 03:55 PM.
Quote from UncleJace :
I am no lawyer, nor would I ever try and give legal advice to anyone, but I agree with this post 100%.
but they may have come into the bar f-ed up and had a sober person order a crapton of drinks for everyone. if i buy beer for kids outside the liquor store, the store isnt responsible unless you can show that the clerk could reasonably assume that i was buying the liquor for them
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Joined Jan 2004
Here's to the future
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Iaaaiws
08-20-2012 at 04:21 PM.
08-20-2012 at 04:21 PM.
Quote from HeyLookItsMe :
no.... i said if they are looking to be compensated for anything other then the ride to the ER they are SOL
I guess I just don't see the relevance of making up a scenario where they all went to the hospital in two vans. Maybe it happened but I haven't seen anything mentioned about it here.
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z2g
08-20-2012 at 05:20 PM.
08-20-2012 at 05:20 PM.
I think she may have a bit of a case. But, I have to add though regarding the statement that a bar/bartender is ultimately responsible for their patrons if he/she drinks too much. According to the OP, the friend didn't really drink much. The reason why she got wasted was because some guys may have spiked her drink. With that testimony, it lets the bar/bartender off the hook. Since, they only served her a small number of drinks.

Also, the fact that the friend was with a bunch of her friends for a bachelorette party, it could give the bar another detail to sway the jury. That is, shouldn't the friends be culpable as well for not watching out for their friends? We're not talking about a lone person who entered a bar and drank himself/herself to severe drunkenness and the bar just kept taking his/her money and served him/her more drinks. It's a case where the bar only served the lady a couple of drinks, the lady was with a bunch of friends who should have watched out for her, and the lady may have been a victim of a spiked drink(s).

As far as the bar being responsible for letting the ppl dance on the stage, they have to be negligent in their handling of the stage and show. In other words, were they warned prior about the dangers of that particular stage and didn't correct the issue? Was there precedence prior of other patrons getting hurt on that stage? Did the bar employees try to get the ppl off the stage but was too late? Are there state, county, or city ordinances that forbid patrons from getting on the stage?

Just because the OP's friend got hurt on the stage doesn't necessarily mean the bar is responsible. There has to be negligence. And I think many Americans don't understand this concept. Many believe if a bad thing happens to them, then someone has to be responsible.

Prime example......a car hits a dog who suddenly runs into the street. The owners of the dog tries to sue the car owner for the vet bills because a bad thing happened to their dog. Hence, the car owner is responsible since he/she hit the dog. In reality, the car was going where it was supposed to go. The car owner was NOT negligent. Thus, he is not responsible.
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Last edited by z2g August 20, 2012 at 05:26 PM.
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LC2
08-20-2012 at 05:23 PM.
08-20-2012 at 05:23 PM.
Jennifer Velez v. Hartnett and Kelly Irish Bars Inc. The jury ruled in favor of the defense but that may have been based on the minor injury sustained. The hospital found no alcohol in the plaintiff's system.

http://www.dayontorts.com/cat-slip-and-fall.html

Iagree

Unless she hires someone like John Edwards (who made his fortune on winning personal injury cases) this woman will not win and will be forced to pay the expenses of the defense.
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teenbean
08-20-2012 at 07:21 PM.
08-20-2012 at 07:21 PM.
My bet is that since she is a pretty girl, guys were buying her drinks. It's easy to lose track of how much you are drinking when someone else is buying the drinks. Cheers
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Thrifteh
08-20-2012 at 08:26 PM.
08-20-2012 at 08:26 PM.
Quote from chewspam :
The establishment should sue her for damage to their bar.

Obligatory: Bitches be crazy! Crazy
Nono2

bitches be trippin'...right off the stage
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mmathis
08-20-2012 at 10:26 PM.
08-20-2012 at 10:26 PM.
Quote from HeyLookItsMe :
but they may have come into the bar f-ed up and had a sober person order a crapton of drinks for everyone. if i buy beer for kids outside the liquor store, the store isnt responsible unless you can show that the clerk could reasonably assume that i was buying the liquor for them
And this is why some bars won't let you order a crapton of drinks unless you have a crapton of people standing at the bar with you. Also, if there's a bouncer at the door, they may not even let somebody into the bar who's f-ed up.

<---- Not a lawyer, but used to be a bartender
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BostonGirl
08-21-2012 at 10:12 AM.
08-21-2012 at 10:12 AM.
Ok, all seriousness aside....anyone else wonder how funny it must have looked when she face planted? Come on you know some of you were laughing? Rofl2
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Frogstar
08-21-2012 at 10:30 AM.
08-21-2012 at 10:30 AM.
I certainly didn't go looking for faceplant GIFs if that's what you're implying.
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