I went to a bar and handed my keys over to the bartender. I gave my home phone # and requested that the bartender not return my keys to me and to call my home so I could arrange for alternate transportation if I became too intoxicated. I apparently became too intoxicated and do not remember anything that happened until I began to sober up in the hospital with multiple injuries. I was placed under arrest and was informed by the police that I ran several people off the road and crashed my suv into a house. Luckily no one else was injured except myself, but I do not remember how I ended up in that situation or how I got my keys back. If I became rowdy and demanded my keys, I would have preferred for the bartender to call the police on me. They would of put me in a cell to sober up, gave me some minor tickets and; henceforth avoided the accident and injuries. Now I am facing jail time, my insurance has to pay for damages to the other people's property and my family is now left without any transportation or income since the vehicle was totaled and I am sure to lose my job. Is the bar/bartender responsible for any of this? Especially since I turned over my keys to them?
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Negligence of bar leading to accident
- Thread Starter shellykat
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Proserpina
Moderator
Speak with an attorney - there is a question of liability here which really may be quite difficult to address on a message forum.
The amount of alcohol consumed was obviously too much;eg. slurring, stumbling, etc.. Hospital recorded BAC as .24-I believe the bartender should of cut me off and kicked me out/called police even before I may or may not requested my keys back-I honestly have no memory of situation. With this info: could the bar/bartender be negligible?!
jharris352
New Member
My first reaction is that the bar tender should have handed you back your keys and told you that if you are that bad about being able to police yourself you shouldn't be at the bar. Seriously, you need to do whatever it takes to stop drinking period instead of looking to blame the bartender for not fighting you over your keys.
That having been said, they do have a duty not to over serve you, and to make sure that if you are over served that you don't leave falling down drunk. I would question whether the bar gave your keys back when you weren't quite so bad and maybe you went somewhere else, since you have no memory of the situation.
To put it in short, the bar may have some liability for over serving you, but the majority of the liability is with you. By your actions you showed that you intended to over drink and didn't think you could handle it. But like I said, the bar probably has some liability.
That liability is civil btw and will not do anything to keep you out of jail.
Definitely get an attorney and say nothing until you do. Good luck. Get some help. Stop drinking.
That having been said, they do have a duty not to over serve you, and to make sure that if you are over served that you don't leave falling down drunk. I would question whether the bar gave your keys back when you weren't quite so bad and maybe you went somewhere else, since you have no memory of the situation.
To put it in short, the bar may have some liability for over serving you, but the majority of the liability is with you. By your actions you showed that you intended to over drink and didn't think you could handle it. But like I said, the bar probably has some liability.
That liability is civil btw and will not do anything to keep you out of jail.
Definitely get an attorney and say nothing until you do. Good luck. Get some help. Stop drinking.
army judge
Super Moderator
Can you prove that you didn't have another set of keys? Can you prove that you ever gave the bar your keys?
You are the proximate cause of your legal troubles, not the bar. You, and you alone, are allegedly responsible for the aftermath of your assault upon the populace of your city.
I doubt the bar shares directly or vicariously in any liability for your instant legal entanglements. But, you've been given two good bits of advice. Consult with a local attorney and seek assistance for what appears to be a drinking problem.
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You are the proximate cause of your legal troubles, not the bar. You, and you alone, are allegedly responsible for the aftermath of your assault upon the populace of your city.
I doubt the bar shares directly or vicariously in any liability for your instant legal entanglements. But, you've been given two good bits of advice. Consult with a local attorney and seek assistance for what appears to be a drinking problem.
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THANK YOU! Finally someone offering assistance instead of judgement. I know I have a problem and I will be going for help. I take full responsibility for my actions and I know I was wrong. That night I had some personal problems and like MANY in our society I went to a bar to forget my problems. I had only one key to my vehicle and I definitely gave it along with my home phone number to the bartender. I don't deny that I have a drinking problem, but I've found my own personal fault of hitting a certain point of drunk where I know I lose control of my actions. I was very depressed that night and wanted to drown my sorrows, but I purposely wanted to prevent any 'problems' that sometimes come along with my inability to stop at that point. With that in mind and knowing my state of mind at the time; I purposely tried to prevent anything bad from happening. I would rather the bartender had called the police on me and they could of thrown me in a cell overnight to sober up! I would love your advice on all this! And to all the people out there that want to write their judgements of me-KEEP IT TO YOURSELF-I'm judging myself just fine. If I wanted judgement, I'd go to a chat site or something instead of a LAW ADVICE SITE(I believe that is what I'm on!); not like plenty of you out there have never screwed up! In addition, I'm not looking to get rich or put the bar out of business; I just am looking for help for my family-just their fair part in all this!
You're welcome. I strongly advise you to refrain from posting anymore statements regarding this incident. Anything you say here would be discoverable by any parties to a lawsuit, should one arise. I would be happy to speak with you and give you a little direction if you would like. Hang in there.
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