Drunken perv hit by car - Who's fault is it anyway?

Here's the way it works. With drawing money out of a business that serves the public, comes responsibility as well. A business owner is, to some extent and under certain circumstances, responsible for what happens on his business premises. If you want to look at it this way, a bartender who turns a drunk loose on the highway is in the same position as a landlord who maintains a dangerous condition on his premises. Both are negligent and both are held financially responsible when an innocent person is hurt because of their negligence.

That is a very brief explanation of tort liability in the situation under discussion here - the full analysis of it is a lot more complicated, but that's the basic setup.

Briefly stated: People who realize profit from some type of operation must also assume responsibility for harm that comes to others from their running of that operation.

You may not like or agree with that, but that's the way it is.

It's not at all complicated, really. I was just curious why you added in the profit thing as making even more sense, as if a party-thrower who allows his guests to leave his house drunk is somehow less negligent.

Thanks for the reply.

Well, we didn't get into a discussion of duty, foreseeability or proximate cause which, I guarantee you, ARE "all that complicated, really."

The reason I mentioned the "profit" end of it is, that dram shop laws generally apply only to commercial establishments that sell booze - not to a party-thrower in his own home. Both the party-thrower and the bartender could well be equally negligent in turning a drunk loose on the highway, but the dram shop laws only apply to the bartender. However, I think party-throwers have also been successfully sued in this situation on the theory of general negligence, rather than under any specific statute.


Well, I ain't much for fancy book learnin', and I don't know dram shop law, but I don't think is involves a duty owed by a vendor, unless it is a duty to sober a drunk up or give him a place to crash till he can get up and walk away.

If Doyle was drunk when he walked into Smiles, he should have been bounced. that would seem to place proximate cause on him for being intoxicated in public.

If, after being served, he was so drunk he was passing out, the vendor should have known that he couldn't get himself safely home without a good case of Drunk's Luck. And if he was bounced anywhere near a freakin' highway that he could just stumble onto, trouble was foreseeable.

I wonder tho how sympathetic a jury his brother is going to get. He was, after all, getting souced in what I assume is a strip club.
 
No Jillian I have always been consistent in my disgust toward pervs. People have every right to hang out in titty bars. They have the right to get shit faced. They don't have the right to my respect. I will always call a perv a perv.

My guess is the family may be overstating how intoxicated he was. I'll check it out later, but I'm fairly certain that most bartenders in NJ are trained and certified by the ABC.They know not to over serve. Bars get a discount on their insurance or something. Its quite possible he was thrown out for simply acting like a perv as many pervs do in titty bars.

I don't think someone going to a strip club makes them a perv. I'm glad my husband isn't into that kind of thing, but i could care less if someone else is. and my point was and remains that the nature of the club is irrelevant to liability. it was only contained in the O/P to prejudice people against the injured person.

I'll also remind you that the defendant runs the strip club that you find so distasteful so should have at least an equal amount of your 'disdain'.


Perv, loser, dirtbag, pig.... Take your pick. I don't have any respect for titty bar patrons, workers, or the owners. If any of these perv establishments were to try to open up shop in my town, I would do anything in my power to shut them down.

Pigs, losers, and pervs that overdrink sometimes get hit by cars. Shit happens. :cool:
Someone mentioned here that it's not the cops' job to take drunks home. I agree. Or maybe they should just get thrown in the drunk tank.

I hate the dram laws here. We used to entertain all the time but now it's just too risky. Too many sue happy people. I believe NJ is the most litigious state in the country.

Perv Jr. may just cash in. :lol:
 
No Jillian I have always been consistent in my disgust toward pervs. People have every right to hang out in titty bars. They have the right to get shit faced. They don't have the right to my respect. I will always call a perv a perv.

My guess is the family may be overstating how intoxicated he was. I'll check it out later, but I'm fairly certain that most bartenders in NJ are trained and certified by the ABC.They know not to over serve. Bars get a discount on their insurance or something. Its quite possible he was thrown out for simply acting like a perv as many pervs do in titty bars.

I don't think someone going to a strip club makes them a perv. I'm glad my husband isn't into that kind of thing, but i could care less if someone else is. and my point was and remains that the nature of the club is irrelevant to liability. it was only contained in the O/P to prejudice people against the injured person.

I'll also remind you that the defendant runs the strip club that you find so distasteful so should have at least an equal amount of your 'disdain'.


Perv, loser, dirtbag, pig.... Take your pick. I don't have any respect for titty bar patrons, workers, or the owners. If any of these perv establishments were to try to open up shop in my town, I would do anything in my power to shut them down.

Pigs, losers, and pervs that overdrink sometimes get hit by cars. Shit happens. :cool:
Someone mentioned here that it's not the cops' job to take drunks home. I agree. Or maybe they should just get thrown in the drunk tank.

I hate the dram laws here. We used to entertain all the time but now it's just too risky. Too many sue happy people. I believe NJ is the most litigious state in the country.

Perv Jr. may just cash in. :lol:

YOu are very naive.
 
Naïve? I read your thread on titty bars luissa or whatever your name is now. Many people have been to strip clubs including myself. My educated guess is that the dead perv was not at a bachelor party or hanging out with college buds like most who responded to your thread. (With the exception of conhog who thought it funny that men pissed on some poor girls head). Pervs HANG out at titty bars . Not accepting that is naïve; not the other way around. Start a new poll and see who responds. My guess - only the real pervs.

I am not PC as you know. I detest scumbags always. My guess is dead perv was one. I could be wrong but I rarely am . Lol
 
Naïve? I read your thread on titty bars luissa or whatever your name is now. Many people have been to strip clubs including myself. My educated guess is that the dead perv was not at a bachelor party or hanging out with college buds like most who responded to your thread. (With the exception of conhog who thought it funny that men pissed on some poor girls head). Pervs HANG out at titty bars . Not accepting that is naïve; not the other way around. Start a new poll and see who responds. My guess - only the real pervs.

I am not PC as you know. I detest scumbags always. My guess is dead perv was one. I could be wrong but I rarely am . Lol

So you don't know why he was there? Or if he was a perv?

All you really know about this guy is like MANY men, he got drunk at a Go Go Bar, and got hit by a car. FYI, bars and strip club will kick you out just for being drunk. ;)
 
Chanel, you also realize the man was at a Go Go Bar, not a strip club.. Women do not strip at Go Go Bars, it just means they have women who dance...
 
Ha ha. Who is being naïve now? Google "smilies 11 NJ" Its a perv paradise.

Man you're really obsessed with this aren't you?

I could less care who goes to titty bars. But I also could care less when they get themselves hit by a car. Shit happens.
 
Ha ha. Who is being naïve now? Google "smilies 11 NJ" Its a perv paradise.

Man you're really obsessed with this aren't you?

I could less care who goes to titty bars. But I also could care less when they get themselves hit by a car. Shit happens.

I did. ;)
It isn't a strip club. :D Watch Flashdance, it might clear some things up. :lol:
They may dance, but they have to take off their clothes for it to be a strip club..
And you obviously do care, and my problem is with you calling someone a perv without proof, and making up facts about why he was kicked out of the club.
All you know is he got too drunk, was kicked out, and was hit by a car... The article said nothing else.
 
This is a message board We make generalizations, speculations and use hperbole. I never make "all" statements. Get over it girlfriend.

I don't think all patrons of titty bars are pervs. But most are. Just like I don't think all libs are mentally ill but... Lol
 
This is a message board We make generalizations, speculations and use hperbole. I never make "all" statements. Get over it girlfriend.

I don't think all patrons of titty bars are pervs. But most are. Just like I don't think all libs are mentally ill but... Lol

Your statements earlier say you do. ;)

You are the type of person who moves next door to a strip club, then goes to the newpaper complaining about there being a strip club next to your house. There is some generalization for ya! ;)
 
All right, I understand that under the law a bar can be held accountable if they serve too much but I cannot see how that is a good law. Why should the bartender be responsible for another adults decision to inebriate themselves with a perfectly legal beverage. Serving the liquor is not illegal and drinking it is not illegal. I find it disturbing that the government sees fit to allow these decisions to be made for me. If I want to drink myself into oblivion it should be my decision. At its center this is a nanny state concept.
 
I agree Unless you get behind the wheel of a car (which this perv did not)

The only sympathetic figure I the poor driver who hit the perv in the middle of the road. Hope he had perv insurance,
 
I agree Unless you get behind the wheel of a car (which this perv did not)

The only sympathetic figure I the poor driver who hit the perv in the middle of the road. Hope he had perv insurance,

Did you get proof he was a perv, or why he was kicked out of the club?
 
Nope Common sense would allow people to infer that he was a pervy loser drunk.. Pervs brother is trying to cash in and he's probably loser perv too,

Wanna place a wager?

The lady doth protest much methinks. Lol

Scumbag loser pervs don't deserve to die but sometimes shit happens when they stumble in the road.
 
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