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Thy Brother's (Inn) Keeper
By Scott Miller
The customer at the bar, sitting third stool from the end, has ordered her fourth beer in an hour. The bartender noticed that she just knocked the cheese tray off the table and her voice seems louder than anyone else's. Also, the party at table eight is behaving like it is contesting a rugby match. Another patron was overheard remarking that some pushing occurred in the restroom. What problem might lay ahead for this restauranteur?
The law provides that a liquor license holder is liable to third parties for damages if they sold or provided liquor to customers when they were visibly intoxicated. It's clear that your staff must be alert for signs of impairment proir to serving alcoholic drinks. Arrangements can be made to have a taxi service available to protect the patron once they leave your establishment.
Further, a landholder, either an owner or tenant, is responsible for physical harm resulting from a third person's negligent acts to the public there on business if the landholder failed to exercise reasonable care to:
- determine such acts are likely to be done
- give sufficient warning to allow visitors to avoid harm,
- protect visitors against harm.
The required knowledge may be found from past experience of a likelihood of conduct might endanger that visitor's safety.
We aren't talking about motorcycle gangs hanging out, either. The conduct in question might range from young customers throwing food about to fallen grapes in the aisle of your store. Remember that there is no penalty for being observant and pro-active. Incidentally, the two examples above should have put the restaurant on notice to "flag" the bar patron and put table eight on notice.
Scott Miller is an attorney serving clients buying of selling a business, real estate transactions, or litigation matters in and around Southeastern Pennsylvania. He offers his readers an informative Business Formation Checklist. Please send a self-addressed stamp envelope to P.O. Box 752, Paoli, PA 19301.
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