Posted on 12/29/2011 3:58:19 PM PST by NJRighty
BLUFFTON, S.C. -- A woman is suing a Bluffton bar because a bartender didn't check her age before serving her on the night of the 2009 wreck that paralyzed her.
The Beaufort Gazette reports that Chelsea Hess, who was then 20 years old, is a paraplegic because of the accident.
Hess' lawsuit in 14th Circuit Court says she was served at Jock's Sports Grill, but the bartender failed to check her ID or to determine if she was already drunk.
(Excerpt) Read more at thesunnews.com ...
Tort reform (loser pays) is overdue. With the possibility this bimbo would have to pay her lawyer and the defendents lawyer, she’d never bring this stupid case.
The fact a court would hear it is equally as stupid.
On the flip side, if she wasn’t served I bet she’d sue for that.
Hmm, only in the 21st century can you blame everyone but yourself. Who ever thought it was possible to go both forward and back as the years go on?
That site is ridiculous. Won’t let you even read the headlines without registering?! lol.
http://www.abcnews4.com/story/16396906/sc-woman-sues-bar-for-not-checking-her-id
Hess’ lawsuit in 14th Circuit Court says she was served at Jock’s Sports Grill, but the bartender failed to check her ID or to determine if she was already drunk.
She’s also suing the state Department of Transportation, saying the agency failed to properly maintain the shoulder of the road where her car crashed.
Both the company that owns the bar and the DOT denied Hess’ claims in court papers.
Lawyers for both say Hess is responsible for her accident.
This is where ‘loser pays’ would be useful. The bartender is going to bankrupt himself hiring a lawyer, no doubt.
Maybe she could sue herself for “wrongful existence”.
She is probably a democrat and has no problem with not asking for voter id.
Yet the rest of the country is paralyzed as a result of the last car accident voted in.
Hasn’t she heard? Id’s are ‘out’.
sue her for wasting our tax dollars
sue her for wasting our tax dollars
Bartender can simply say that as an adult she knowingly violated the law and placed his establishment in legal jeapordy and he is suing her.
No he's not. He has liability insurance. If he didn't, the lawyer wouldn't be wasting his time. The insurance company will either settle or fight an expensive trial. Either way those costs will figure into the larger liquor liability ratings schedule nationwide. That means higher insurance rates for bars that people who drink responsibly will all end up paying.
In this country, I can see “loser pays” working against you. If you rightfully sue Rich and Powerful Guy, and it’s his team of Johnny Cochrans against your one Podunk lawyer, you might lose, even if you’re in the right. It’s a big risk.
No he's not. He has liability insurance. If he didn't, the lawyer wouldn't be wasting his time. The insurance company will either settle or fight an expensive trial. Either way those costs will figure into the larger liquor liability ratings schedule nationwide. That means higher insurance rates for bars that people who drink responsibly will all end up paying.
If she was so wasted she crashed, how can she know for sure he didn’t ask and she didn’t have a fake id.
The question that this asks is where is the responsibility lye. The answer is obvious with her, thus the suit should be mute. I am not for the law / legal drinking age, but considering it does exist then if anyone can sue it would be the state. The suit/penelity would not be for the individual (her) but rather the failure to abide by the law which at most should result in a fine. The medical penalty lays in the hands of the responsible party (her).
Exactly. It’s not really “She’s suing the bar”, it’s “Her lawyer is suing the bar’s insurance company”. Which is why a bottle of beer in a bar costs five bucks, or whatever they charge these days. Haven’t seen the inside of a bar in a long time, and the risk of DUI is the prime reason. Ain’t worth it.
The question that this asks is where is the responsibility lye. The answer is obvious with her, thus the suit should be mute. I am not for the law / legal drinking age, but considering it does exist then if anyone can sue it would be the state. The suit/penalty would not be for the individual (her), but rather the failure to abide by the law which at most should result in a fine. The medical penalty lays in the hands of the responsible party (her).
No. In major liability lawsuits lawyers work on a contingency. If you have a good case then very high priced lawyers will be willing to work for you for nothing until the case is settled. Also under loser pays the lawyers will still want the good cases badly enough that they will be willing to take the risk and contractually agree to absorb the costs if they lose.
Depending on the dram shop laws in her state, she might have a case.
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