legal question for all my smart ffriends - 3 people from work go out for drinks after work. 1 of them is a manager, but in a different department than the other 2. they have drinks, some laughs and in the end, the manager chooses to pick up the tab. on the drive home, 1 of the other people crashes and gets moderately hurt. Is the manager liable???
it isn't a company event in any way
- Morgan
the manager isn't using company funds to cover the tab
- Morgan
I don't see why if this is after work.
- Rodfather
I would say that it isn't the manager's or company's responsibility
- Shevonne
I wouldn't think so, all 3 people went to have drinks under their own volition, the manager didn't force this person to drink, just paid for it.
- OCoG of FF, Jimminy
Nope. Off the clock, personal interaction.
- ωαřмaiden ❤Bassetmom❤
yeah, that's what I think too
- Morgan
but her legal secretary friend says that she could be liable in some way if the injured party really went after her
- Morgan
You can pretty much sue anyone for anything, but that doesn't mean you're going to win.
- Kevin (aka ThreadKilla)
you are all wise beyond your years. thank you for your replies.
- Morgan
Morgan, nope. They couldn't even get it to court if they tried. It's the same precedent that prevents bar owners, alcohol producers, bullet manufacturers, automobile companies, etc., from being held liable for crashes, gunshot wounds, bad date choices, buying Hondas, etc.
- Akiva
Akiva - that's what I was trying to tell her...otherwise noboody would want to be a bartender
- Morgan
Seriously. My understanding is that you can pretty much sue anybody for anything. But this seems to fit what you described http://caselaw.lp.findlaw.com/scripts... and in that case the judge dismissed it. As for bars, my understanding is that they actually get insurance to protect them from this type of liability.
- Victor Ganata
if it was a company event, then things would change completely, right?
- Morgan
Actually, in some states bartenders ARE liable for someone who drinks, drives, and crashes. As well as a person throwing a party at a house and one of the guests does the same. however, in this case, I can't see how the manager would be liable, unless she knew or was pretty sure the person was too drunk to drive, and proceeded to buy them a drink anyway.
- Cassandra
Yup. "Liquor liability" and "social host liability" would be the relevant search terms.
- Victor Ganata
Florida is one of those states where EVERYONE involved in the liquor transaction could be held personally liable. You have to take a training course (RVP - responsible vendor program) before you can sell alcohol.
- Sally - Skyrimmin' It