With the holiday season in full swing, most individuals are focused on perusing after-holiday sales for late gifts and writing grocery lists for New Year’s parties. By necessity, however, bars, restaurants and other establishments that serve alcohol prepare for the holidays in a different way — by training employees how to spot everything from an intoxicated patron to a fake ID.
In Pennsylvania, the laws governing establishments that serve alcohol are stringent, and a lawsuit can be costly. Some of those costs, however, may be unjustified. Currently, Pennsylvania is in a minority of states that allows intoxicated patrons to recover for damages caused by their own intoxication if the bar or restaurant served them with the knowledge that they were intoxicated. This rule, however, was not designed by the Legislature, which originally drafted specific laws regulating the alcohol service industry. It was designed by the Pennsylvania judiciary in a flawed effort to interpret the laws set forth by the legislative branch. The result is a glaring instance of judges legislating from the bench.
THE PENNSYLVANIA APPROACH
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