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#11
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"Andrew Gideon" wrote in message online.com... Sam wrote: Even if someone got hammered at his party, flew off into the wild blue yonder, and crashed into a tower 10 mins later I doubt he would be held liable, even in today's world. Hmm. Having just read an ePilot message about some family being awarded money in court from the manufacturer of a vacuum pump that didn't fail, and therefore had nothing to do with the crash, I fail to share your optimism that sanity reigns. I'd not be shocked to learn that the company that builds the wiring used in the generators that power the area in which the party is held liable...even if the party was held by candle light. - Andrew Your second example is of course a crude troll. Also see _Palsgraf vs. Long Island Railroad._ The first example is too unless you furnish facts and a citation to the source of those facts so they can be verified, rather than your (probably clouded) recollection. I have never seen a judgment awarded to an injured plaintiff when there wasn't some proof of negligence or defective design proximately causing the injury. Maybe you can show me my first. I won't hold my breath waiting. As for furnishing alcohol to someone likely to cause injury to himself or others, the dramshop laws and cases are dispositive. As much as I like the party-giver and join in complimenting him for his contributions in this and other newsgroups, it is risky to serve alcohol to anyone you know or have reason to know is about to operate dangerous machinery because of the dramshop cases and the dramshop laws. Whether the entertainment is done for pay or not is irrelevant. 8 hours from bottle to throttle, remember? And 24 are recommended. OTOH, the question is one of reasonableness. If someone drinks a beer and then flies, does host who served the beer subject himself to liability? I don't think so. |
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