Bartender Liability

Paper Summary:

The paper relates that current penal law and theories of civil liability hold bartenders criminally responsible and civilly liable for the harms caused to others by their serving alcohol in excessive amounts to patrons who exhibit signs of intoxication. The paper goes on to reveal that current law does not recognize bartenders' responsibility for harms caused by drivers whose intoxication is not outwardly obvious, despite the fact that alcohol consumption can play a major role in vehicular accidents. However, the paper contends that moral responsibility transcends arbitrary numerical measurements of intoxication, creating a moral responsibility beyond that which is defined by the law.



Outline:
Introduction
Thesis Statement
The Basis of Legal Liability
A Deficient Theory of Responsibility
Differentiating Moral Responsibility from Legal Responsibility
Conclusion

From the Paper:

"The legal concept of vicarious liability applies to factual circumstances where a distant party is considered responsible for the actions of another that cause harm to a third party; it may arise in several different types of relationships, including parent-child, employer-employee, principal-agent, vendor-consumer, among others (Friedman 2005).
"Criminals are considered to be criminally responsible for the actions of their collaborators, and business ventures are considered to be liable under civil law for damages caused by their improper actions or by their improper failure to act under circumstances where their improper action or non-action either caused or contributed to the causation of harms to third parties that were reasonably foreseeable in advance of that harm (Friedman 2005)."

Sample of Sources Used:

• Friedman, L.M. (2005) The History of American Law (3rd Edition). New York: Touchstone.
• Geeting, J. (2003) The Badge: Thoughts from a State Trooper. Indian Wells, CA: McKenna Publishing Group.
• Gerrig, R.J., Zimbardo, P.G. (2005) Psychology and Life (17th Edition). New York: Pearson
• Miller, A.M. (1999) Miller's Court. New York: Plume.
• Schmalleger, F. (1997) Criminal Justice Today: An Introductory text for the 21st Century. Upper Saddle River, NJ: Prentice Hall.

More papers on Bartender Liability:

• Analytical Essay # 105241 : "Criminal Liability and Defenses"
• Term Paper # 134731 : "Criminal Liability"
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