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The Daily Tar Heel

You are responsible: Bars shouldn't be held accountable for reckless patrons

Restaurants and bars should not be responsible for poor decisions made by its patrons who are under the influence of alcohol.

A ruling made by the N.C. Supreme Court last Friday officially took away liability from alcohol licensees if patrons cause car accidents from drinking and driving.

Current N.C. law states that alcohol licensees are prohibited from serving alcoholic drinks to those who are intoxicated.

Although the law remains in effect this new Supreme Court ruling establishes a precedent of personal responsibility.

This precedent puts the liability on patrons if they choose to drink and drive not the establishment.

In 1998 Theresa Hall sued Torero's II a Mexican restaurant in Durham for negligence.

One of the restaurant's patrons William Terry left the restaurant after he had been drinking and chose to drive. Terry drifted into the left lane and caused a wreck that killed Hall's husband.

Hall was awarded more than $1.2 million in damages. But a judge set aside the verdict and award and his decision was upheld through the appeals process.

Placing responsibility on the consumer is fair and practical.

To punish an establishment for the mistakes of its patrons puts an unnecessary burden on businesses.

This is not to say that alcohol licensees shouldn't be judicious about serving alcohol to customers —they should.

But it would be unfair to make them solely responsible.

Ultimately the power lies in the hands of those who are drinking.

Although this tragedy could have been avoided it would be wrong to place the blame on a restaurant for someone else's negligence.

Both the appeals court and the Supreme Court made the right decisions.

Hopefully drivers will too.


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