Public discussion • Comment #4036
Community contribution
2026-10-18T13:38:21+00:00
A succession of liability. Starting at the sorority where she drank. Liability under Dram Shop arguably ends when she reaches Moonies who then assumes liability upon allowing her to enter. Upon leaving, Moonies, whatever alcohol she consumed, had arguably a legal liability until she reached her next drinking destination -Lot 10. Upon arrival and entry at Lot 10, they assume the liability under Dram Shop laws.
After leaving Lot 10, they retain liability until she reached her next drinking destination (the fraternity) who then assumes liability upon allowing her to enter.
To end the liability chain, in theory, the drunk person must become sober.
Let's assume, arguendo, she goes directly home, tries to sleep, and then decides she wants to go to Taco Bell (no subsequent drinking) and while driving to Taco Bell she crashes. Whichever establishment last served her would likely still be liable for the injuries caused by her.
The important distinguish in this case, that her lolwyer really screwed up, is that the Dram Shop laws do not apply to first person injuries. She cannot go to a bar, drink, then go out side and fall down and get a concussion and sue the bar for serving her. These laws apply to third party injuries (someone else injured by the drinker). She is claiming that due to her drinking she was not able to consent. Even if true, she has no case against Moonies because she was the drinker and none of the boys even entered the establishment. Had even ONE of the boys entered then maybe the case would be that she was injuried because of the boy's drinking from the bar... but that is not the case.
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