Alan Berger filed a lawsuit against Wicked Willy’s. Berger was 25 in 2009 when he entered a beer pong contest at the bar. He drank for 3 1/2 hours before leaving. Berger took a bus back to New Jersey and was still drunk when he tried to cross Highway 9 and got hit by a car going 50 miles an hour. He suffered numerous injuries, including a broken hip, leg and foot, tears in both his knees, and a lacerated liver. Berger sued the bar claiming they should have been monitoring the game to make sure players weren’t getting visibly drunk. Under New York state law, bars are not necessarily responsible if people injure themselves.
Steve wanted to know if a bar was responsible, how long are they responsible for monitoring him? Is it until his buzz wears off? Slacker thought that if the bar is responsible, this guy should get at least 7 figures for the injuries he sustained.
I used to bartend and I think they judge should throw this case out. Sometimes it is difficult to tell exactly how drunk someone is. Some people can have one glass of wine and not be able to drive...other people hold it better than others. He should have acted as a responsible adult and realized when he had too much to drink!
Does he have a case or should the judge throw it out?
Legally, it is not the bar's responsibility to monitor its customers. If they want to be overly "careful" they can use less alcohol as the night progresses. Same goes for parties at an individual's house, they are not responsible for their guests once they leave. This guy is just looking for a way to get money and cheat the system. Ridiculous!!!