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This week, a gentleman’s club in Chicago agreed pay $1 million to pay for damages arising out of a fatal accident involving one of its patrons. The establishment had no alcohol policy, but didn’t prevent patrons from bringing their own alcohol. On the day of the accident, the man and his friend drank at the club, went out and crashed into the victim’s car, killing her and her unborn fetus. The club tried to argue that it did not serve alcohol on the premises, and therefore, should not have to bear liability for the accident. The judge obviously disagreed, and the club will now have to pay $1 million to settle the lawsuit.

Many states have their own versions of dram shop laws in place. These laws allow an establishment that serves alcohol to be held liable if a patron gets intoxicated, and then goes out and causes an injury or death. Pubs, restaurants, clubs, bars-any of these can be held liable if a patron gets drunk and causes a fatal accident.

If you own or run an establishment that serves alcohol on the premises, and live in a state that allows dram shop liability, then you could be held liable in an accident that results from drunk driving by one of your patrons. Proving liability often hinges on whether the establishment staff served the patron even after knowing that he was intoxicated. For that, a person must be visibly intoxicated.

Unfortunately, it can be very hard for staff to determine if a patron is intoxicated, unless he’s passed out, is throwing up all over the place, or is falling over the furniture. Not every intoxicated person will display these signs. Some people carry their alcohol well, and could be reasonably steady on their feet and still have a blood alcohol level above .08.

One way to check whether patrons are intoxicated before they leave the premises could be to have a breathalyzer unit at the facility, to check for intoxication levels. If the person is too drunk to drive home on his own, make other arrangements, like calling a taxi for him.

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Pashmina Lalchandani

CEO & Co-Founder, Bar & Cocoa / Owner, Flow Simple
December 9, 2010, Douglass was a client of Pashmina’s

I’ve known Doug in many contexts, as a friend, as a client and as a business partner and he impresses me on all levels. He’s dependable, smart, generous and I wouldn’t hesitate recommending him and his law firm to anyone.
He’s the best and most ethical lawyers providing asset protection with rock solid strategies to give you peace of mind about your wealth. Straight forward, and straight talk. Doug is exactly the lawyer I want on my side. If I send someone to Doug, I know they’ll thank me for it!

Social & Solar Entrepreneur, Pan Afrikan Theorist, Translator/Interpreter,
Founder & Visionary Leader @ Afrikanpride.
March 12, 2011, Marlon E. D. J. worked with Douglass but at different companies

Doug is one of the most powerful thinker i have came across. During the short time that i have known Doug he has been a great source of inspiration. He has a simplistic yet effective and accurate way to analyze anything you bring to his attention, and then by asking you key questions he gets you to see the light at the end of the tunnel. Besides being extremely bright, he is a genuine and caring individual which is why I feel fortunate to know him. I can say without a doubt that he his the person you would want to talk to if you were in need of a person with his expertise.
Most of the lawyers out there will probably meet your needs, but if you are looking for someone to exceed your expectations and give you that wow factor, look no more he is the person for the job.

Patricia Salter

Associate Dentist at Smileology
December 1, 2010, Patricia was a client of Douglass’

I have been a client of Douglas Lodmell’s since 2001. My main concern was asset protection in this litigious society. I can sleep alot better at night knowing I have the instruments in place to protect the fruits of my labor, and that they will not end up in the hands of a slick trial attorney.

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