[Vision2020] re: liquor liability insurance

Tue, 11 Feb 2003 19:36:08 -0800

No Tom, I don't feel that way.  I believe that people should take
responsibility for their own actions and stop blaming other people for their
mistakes.

The thin "clearly intoxicated" definition and those like it)are a guaranteed
feed trough for lawyers and their ilk.

Brad Neuman

"Where there are too many policemen, there is no liberty. 
Where there are too many soldiers, there is no peace. 
Where there are too many lawyers, there is no justice." 
- Lin Yutang, Chinese-American Philosopher.

-----Original Message-----
From: vision2020-admin@moscow.com [mailto:vision2020-admin@moscow.com] On
Behalf Of Tom Hansen
Sent: Tuesday, February 11, 2003 6:11 PM
To: curley@turbonet.com; vision2020@moscow.com
Subject: RE: [Vision2020] re: liquor liability insurance

Thank you, Mr. Curley.  I truly appreciate your clarification.

I, for one, believe that Idaho should adopt third-party laws.  If a customer
is clearly intoxicated, taverns should refuse to serve him/her or
consequently assume some responsibility when that person gets behind the
wheel of an automobile.

Are there any others that feel this way?

Tom Hansen

> -----Original Message-----
> From: vision2020-admin@moscow.com [mailto:vision2020-admin@moscow.com]On
> Behalf Of Mike Curley
> Sent: Tuesday, February 11, 2003 6:10 PM
> To: vision2020@moscow.com
> Subject: RE: [Vision2020] re: liquor liability insurance
>
>
> Mr. Hansen:
> What Mr. Steed was pointing out is that the answer to
> your question had just been posted in that the Idaho
> "dram shop act" (Title 23, Chap 808) is what you are
> calling a "third party law."  And, rather than creating
> liability, it specifically says that the person who serves the
> alcohol is NOT "the cause of injuries inflicted by
> intoxicated persons..." and that no cause of action will lie
> against the one who "sold or otherwise furnished [as in,
> "gave"] alcoholic beverages to the intoxicated person"
> UNLESS the person to whom the alcohol was furnished
> was either under 21 or "obviously intoxicated at the time
> the alcoholic beverages were sold or furnished...."
>
> Thus, even a bar can only be held liable if one of those
> two conditions is met.  It cannot be held liable just
> because it provides a patron more than the legal limit for
> drivers (.08).
>
> Mike Curley
> On 11 Feb 03, at 17:53, Tom Hansen wrote:
>
> Send reply to:  	<thansen@moscow.com>
> From:           	"Tom Hansen" <thansen@moscow.com>
> To:             	<WMSteed@aol.com>, <curley@turbonet.com>,
> <sslund@moscow.com>,
>   	<vision2020@moscow.com>
> Copies to:      	<steveb@moscow.com>, <jon@n-k-ins.com>,
> <jmhill@moscow.com>,
>   	<jmack@turbonet.com>, <mtethoma@moscow.com>,
> <peg_hamlett@sbcglobal.net>,
>   	<comstock@moscow.com>
> Subject:        	RE: [Vision2020] re: liquor liability insurance
> Date sent:      	Tue, 11 Feb 2003 17:53:01 -0800
>
> I am simply asking a question, not pandering for
> ignorance.
> I have been under the assumption for a long time that
> Idaho
> does have third-party laws. I was (and am) asking for
> clarification.
>
> Mr. Steed, if this is how you provide assistance to those
> seeking it, please remind me not to ask you.
>
> Thanks,
>
> Tom Hansen
> Moscow, Idaho
>
> > -----Original Message-----
> > From: vision2020-admin@moscow.com
> > [mailto:vision2020-admin@moscow.com]On Behalf Of
> > WMSteed@aol.com Sent: Tuesday, February 11, 2003 5:30 PM
> > To: thansen@moscow.com; curley@turbonet.com;
> > sslund@moscow.com; vision2020@moscow.com Cc:
> > steveb@moscow.com; jon@n-k-ins.com; jmhill@moscow.com;
> > jmack@turbonet.com; mtethoma@moscow.com;
> > peg_hamlett@sbcglobal.net; comstock@moscow.com Subject:
> > Re: [Vision2020] re: liquor liability insurance
> >
> >
> >
> > In a message dated 2/11/03 5:20:25 PM, thansen@moscow.com
> > writes:
> >
> > << Doesn't Idaho have what I believe is called "Third
> > Party" laws concerning liquor establishments?  If a tavern
> > serves alcohol to a person knowing that they are
> > intoxicated and that person commits an unlawful act as a
> > direct result of his/her intoxication, the tavern is also
> > liable.
> >
> > I am not certain, but I believe that Idaho has such laws
> > on the books, Please correct me if I am wrong. >>
> >
> > This might indicate why so many of the conversations on
> > 2020 seem circular.... or some such...
> >
> > >From Mike Curley's post of 30 minutes ago:
> >
> > "we might note
> > that Idaho law relieves even the person who serves liquor
> > of liability for the drinker's subsequent negligent acts
> > unless he served to a minor or a person who was obviously
> > intoxicated.  The City is not serving any alcohol at any
> > of the functions on city-owned property.  The business
> > that receives the temporary (alcohol) catering license is
> > responsible, but only in those two situations."
> >
> >
> > Walter Steed
> >
> > _____________________________________________________
> >  List services made available by First Step Internet,
> >  serving the communities of the Palouse since 1994.
> >                http://www.fsr.net
> >           mailto:Vision2020@moscow.com
> > /////////////////////////////////////////////////////
> >
>
> _____________________________________________________
>  List services made available by First Step Internet,
>  serving the communities of the Palouse since 1994.
>                http://www.fsr.net
>           mailto:Vision2020@moscow.com
> /////////////////////////////////////////////////////
>

_____________________________________________________
 List services made available by First Step Internet, 
 serving the communities of the Palouse since 1994.   
               http://www.fsr.net                       
          mailto:Vision2020@moscow.com
ЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇЇ