My son who is 20 yrs. old was sold alcoholic beverages at a bar inside of a restaurant. His brother was called by a friend to come take him home because he was unable to drive. My wife and I arrived home shortly after they did and found my son past out on the entry floor. Assesing the situation, we called 911. After being treated, we were told he had a BAC of .30+. Under the chart of progressive effects of alcohol Death is possible. At >.40 death occurs. My question is this: what actions can we take against the establishment if any for selling alcohol to our son? Alcohol poisoning is a serious issue among kids under the age and college parties.
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Alcohol & Drugs: MIP, MIC, Intoxication Sale of Alcohol to a minor-legal advice needed
- Thread Starter DS4B
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seniorjudge
New Member
Your son has a serious addiction problem.
Get him help quickly.
Get him help quickly.
seniorjudge
New Member
Of course that is not the first time it has happened and of course he is an alcoholic.
Can you imagine presenting his case before a jury and asking them for money for a drunk?
Get your kid help...NOW.
CdwJava
Moderator
It is very doubtful that this is the first time he has consumed alcohol, and also not likely that it is the first time he has consumed alcohol to any great degree.
In any event, any civil action he takes against the restaurant are your adult son's to take - not yours. Also, since he committed a criminal act by ordering and consuming the drinks, he would have to admit to committing this crime in order to move forward with any claim. You don't mention your state, but it is entirely possible that he cannot lawfully benefit from the negative actions of his criminal act.
You and your son can certainly contact your state's alcoholic beverage commission - or whoever monitors liquor sales, perhaps this will put the location on their radar screen to keep an eye out.
Your son is certainly free to speak to an attorney. But it might be hard to make a claim for damages when the damages were done by an adult who knowingly consumed alcohol after illegally obtaining it. And if he had a phony ID, then the business would likely be off the hook anyway.
- Carl
In any event, any civil action he takes against the restaurant are your adult son's to take - not yours. Also, since he committed a criminal act by ordering and consuming the drinks, he would have to admit to committing this crime in order to move forward with any claim. You don't mention your state, but it is entirely possible that he cannot lawfully benefit from the negative actions of his criminal act.
You and your son can certainly contact your state's alcoholic beverage commission - or whoever monitors liquor sales, perhaps this will put the location on their radar screen to keep an eye out.
Your son is certainly free to speak to an attorney. But it might be hard to make a claim for damages when the damages were done by an adult who knowingly consumed alcohol after illegally obtaining it. And if he had a phony ID, then the business would likely be off the hook anyway.
- Carl
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