A man in Vancouver is suing a resort because they served him too much alcohol which leads him to become paralyzed due to a drunken fall. Daniel Holt, 26, became legally paralyzed after falling down a staircase at Canada’s Whistler Mountain resort after being served too much to drink. Holt’s lawsuit that was filed in British Columbia Supreme Court said that the workers at Whistler’s resort served too much alcohol at a party that left Holt to be in “unsafe conditions.” Although there is no evidence that Holt was drinking at the party, he was at the top of a staircase with a number of people and fell from the staircase on to a concrete landing.
Holt’s lawyers believe that he should get reimbursed for his medical conditions and also that Whistler should be held responsible. Slips and falls are jurisdictional specific, it vary within different states and countries. Holt can win the case if the stairway he was standing above was an unforeseeable dangerous condition in which Whistler would be liable for. Although, since Holt is also holding Whistler liable for his drunken condition, I’m not sure if that’ll pass as he plans. I believe that you can not sue for being too drunk, but, the liquor license can be held liable. In order to prove that the bartenders at the bar were not paying attention to their customers need to proven by witnesses. It is very hard to prove the negligence of the bartenders and attendants. It’s really sad that Holt fell and hurt himself to that extreme, I’m not sure if he could really have the bar to blame.
http://www.upi.com/Top_News/International/2010/05/05/Paralyzed-man-sues-Whistler-resort/UPI-38811273089022/
Subscribe to:
Post Comments (Atom)
It is unfortunate that this man is now paralyzed, but I do find it somewhat comical that he's blaming the bar for his level of intoxication. In my opinion, a responsible adult knows when they've had too much to drink. If everyone who has ever had an accident or made a bad decision blamed the bar for serving them too much alcohol, the courts would be flooded. On the other hand, if the stairway was unsafe to begin with, he may have a case...drunk or not.
ReplyDelete