Assignment
You own a bar called "Goblins" and it is a very popular sports bar in the area. At all times, you have a staff of four working on any shift. The date is October 15, 2019, and your attorney calls you wanting to know about the "incident" that happened a few days ago. You tell him that, on Sunday, a perfect storm occurred.
A. The Houston Astros were playing in the ALCS against the New York Yankees, and there was a large crowd viewing this.
B. The Houston Texans were in town playing the Dallas Cowboys, and there was a large crowd viewing this.
C. There was a Presidential Primary debate going on, and there was a large crowd viewing this.
D. There was a bachelorette party consisting of eighteen women, they rented out the private room in the back.
E. There was a birthday party for Jake, who turned 21. He had a group of seven friends with him.
F. It was "ladies night" where women drink for free
G. It was Karaoke night where anyone could go up and sing
H. The bar also was still doing its "Long Island Challenge" where if someone could drink a 42 oz Long Island Iced Tea in under 15 seconds, then it was free.
I. It was "bill night" for you the owner
The night started out busy, but quickly got out of control. There was a standing room only crowd. As you were doing the bills, the bartender said he needs help. When you get out there you see a chaotic scene. You get a rundown of what's been going on from your bartender:
A. The Astros had given up six runs in one inning, and the viewers were screaming very loudly at the tv. Hank, a 50 year old African American man, accidentally knocked his beer over with the back of his hand. That guest was clearly angry, but then immediately ordered another beer. You see this and believe he is intoxicated. You refuse to serve the customer and tell him to "go home and sober up". He leaves angrily, but you find out later that was his first beer that he knocked over. Hank sues you for racial discrimination over refusing to serve him.
B. The Texans were doing really well in the game and the fans were ecstatic. Michael, one particularly loud fan, ordered shots for everyone at the bar. He also asked for all of his drinks to be mixed with two different kinds of liquor. Your bartender did as he requested. After the game, Michael was incoherent and stumbling. Your bartender asked him if he was driving home, to which Michael said, "No". He then left. He got into a car accident and killed the other driver. His BAC level was 1.9, more than twice the legal limit. The estate of the other driver is suing Goblins.
C. The viewers of the Presidential Primary were calm, but were playing a drinking game where anytime the name "Donald Trump" came up, they all had to take a shot. They had the bottle next to them at their disposal. Christy, a 5'2 and 110 lbs woman, had five shots. As soon as she had her fifth shot, she fell off her barstool and hit her head on the ground. She is suing Goblins.
D. The bachelorette party was fairly loud, but they were in a sound proof room, and the staff left them alone. They only bought one drink each, but at closing, they noticed the girls came in with their own bottles of liquor and the empty bottles were in the trash. At the end of the night, a limo came and picked up the girls outside. One of your waitresses had to help one of the stumbling girls get into the back of the limo. You found out later that the limo driver was suing one of the girls for "messing up the limo" and was claiming you let her get overly drunk.
E. Jake, and his seven buddies, entered the bar around 8 pm. All but one of them were clearly intoxicated when they entered; Dominic, the one who appeared sober and coherent, did all the ordering for the group and was the only one to speak to the bartender. Dominic tells the bartender that he's the designated driver tonight and he orders a coke. The bartender says ok, but to keep an eye on his friends. The group leaves at 1:30 am. You find out later that they came in two cars and the other driver was one of the drinking friends. He gets into an accident and crashes into somebody's house. The passengers in that car all suffer serious injuries and they sue Goblins.
F. Ladies night is always great for business, but it can be very hard to keep track of people in our out. Sonya, a regular at the bar, and her friend Candace, a first time guest, began drinking at 6 pm and were drinking until closing at 2 am. Sonya is good at holding her liquor and she did all the ordering. Candace, as you find out later, died the next day of alcohol poisoning, from all her drinking. Candace's family sues Goblins.
G. The stage where the karaoke machine is a few feet off the ground. You encourage people to sign up and sing; Claudia wants to go sing, but she is shy, so your bartended recommended she take a shot to get some "liquid courage". She got a shot of Tequila and then went up to sing. After the song, she stumbled and fell off the stage, breaking her arm.
H. The "Long Island Challenge" has helped make Goblins popular and get some good press, but there is a strict "one Long Island" only rule. Natalie wanted to earn the T-shirt that Long Island Challenge Champions get, so she attempted it by ordering it from a server, Vickie. Vickie went up the bar and simply said she needed a "Long Island up". Natalie failed because it took her almost 35 seconds to drink it. However, Natalie then went to Emily, another server, and ordered a Long Island. Emily went up the bar and said "Long Island up". She failed on this one as well, drinking it in 26 seconds. Natalie asked Emily for another, but Emily said no. Natalie's friend, Desiree, then said she'd like to take the Long Island Challenge. Emily said "Long Island up" and brought her it, and walked away. Desiree gave her Long Island to Natalie. Natalie drank it in 13 seconds and demanded the T-Shirt from Emily. Emily saw that she had drunk Desiree's drink and gave it to her and she put it on as a badge of honor. You find out later that Natalie was in the hospital and was claiming your staff knowingly gave her more than one Long Island, and put her health at risk.
I. You as owner were in the back office and weren't watching any of this go on.
Question I: Does Hank, the Astros fan, have a cause of action against Goblins?
Question II: Is Goblins, or its staff, liable for Michael's accident?
Question III: Is Goblins, or its staff, liable for Christy's injury?
Question IV: Is Goblins, or its staff, liable for the damage to the limo?
Question V: Is Goblins, or its staff, liable for the car accident from Jake's buddies?
Question VI: Is Goblins, or its staff, liable for Candace's alcohol overdose?
Question VII: Is Goblins, or its staff, liable for Claudia's fall off the stage?
Question VIII: Is Goblins, or its staff, liable for Natalie's hospital stay?
Question IX: Are you the owner, liable for the actions of your staff if you were in the back working on the bills?