FOR BREAKING NEWS VISIT WWW.QNS.COM SEPTEMBER 21, 2017 • THE QUEENS COURIER 85
VISIBLY INTOXICATED
Q: Late one Friday night, I began a visit to a tavern. A patron had left
his liquor on the bar. He had taken his shirt off and was swaggering around.
I felt that the guy must be intoxicated, and probably on drugs, too.
My friends have told me that the bartender knew very well that this
customer had been in jail and was always in trouble. He had a reputation for
fighting in the street and at home. She knew that he had a temper that he puts
into action. She knew that the guy lacked a tolerance for liquor.
All the same, the bartender poured him another shot of whiskey.
Then the guy looked at me. He said, “whatcha you lookin’ at” and began to
beat me.
A: Such behavior by a patron before an extra shot, and such knowledge
on the part of a bartender, can establish that your assailant was served
alcohol while he was ‘visibly intoxicated’. What is more, from what you say,
it appears that a reasonable connection exists between the extra serving and
the beating you suffered.
By ‘visibly intoxicated’, a lawyer means that the bartender should
have known that your assailant would lack the tolerance for the second shot
– that it would push him over the brink.
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