News & Analysis as of

Intoxication

Employees Have a Right to Complain About Intoxicated Co-Workers

The likely reaction to the title of this article would be: well of course they do. Workplace rules of conduct typically prohibit being under the influence of alcohol or drugs, and although the condition of alcoholism might be...more

Bar Owners Beware: The Hidden Danger of Serving “Just One More” Drink

by Wilson Elser on

Society has long known and countenanced the effects of alcohol on behavior. Taverns in fact flourished as places where people could go to freely alter their behavior. It then became necessary for taverns to deny service to...more

Insuring the Product Liability Risks of Cannabis

by Wilson Elser on

Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle...more

Defence & Indemnity - August 2017: II. LIABILITY ISSUES: Knibb v. Foran, 2017 ABQB 375, per Eidsvik, J. [4240]

by Field Law on

II. LIABILITY ISSUES - A. The case against a baseball team operating a beer tent at a tournament in commercial host liquor liability was dismissed after a summary trial despite the lack of a system to monitor patron...more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES B. Widdowson v. Rockwell [2017] B.C.J. No. 457, per Kent, J. [4233]

by Field Law on

II. LIABILITY ISSUES - B. A commercial host’s liability with respect to an intoxicated patron will not necessarily end when the patron arrives safely home – it is not necessarily a break in the chain of...more

Is Recent Legislation a Prediction of Statutory Dram Shop Liability?

by Nexsen Pruet, PLLC on

There is no question; drunk drivers are a danger to everyone on the road – including themselves. Recognizing that, many states have enacted dram shop laws; laws that hold restaurants or bars that overserve patrons and then...more

ERISA: “Key Evidence Needed to Prove the Intoxication Exclusion”

You know that many insurance policies and ERISA-governed plans exclude from coverage disabilities “resulting from, or related to…any accident related to the voluntary influence of any drug, narcotic, intoxicant or chemical….”...more

Legislative Update

by Brooks Pierce on

With negotiations on the budget bill (HB 1030) still continuing outside the public view, this week the General Assembly focused on other issues. Tax Proposals; Services Tax Clarifications and New Market Jobs Act - ...more

OSHA – Injury to Intoxicated Employee is Recordable

by Seyfarth Shaw LLP on

Seyfarth Synopsis: An alcohol induced accident involving an intoxicated employee can be an OSHA recordable incident. OSHA recently opined in an Interpretation Letter that, where an employee sustained an injury at work...more

OSHA Injury & Illness Recording of Intoxicated Employee Injury

by Miller Canfield on

A recent OSHA Interpretation indicates that a workplace injury an employee sustains when he/she is intoxicated must be recorded on the company’s OSHA Injury and Illness Log. OSHA stated that the exception for recording...more

West Virginia's Amended Deliberate Intent Statute

by Littler on

For a number of years, W. Va. Code § 23-4-2 (commonly known as the deliberate intent statute) has provided employees with work-related injuries an avenue to circumvent the workers' compensation immunity afforded to West...more

Torts – Duty of Care to Known Intoxicated Persons

by Low, Ball & Lynch on

Jason Carlsen v. Sarah Koivumaki and Zachary Gudelunas - Court of Appeal, Third Appellate District (Shasta) (July 7, 2014) - Courts are often called upon to struggle with the issue of responsibility of others...more

Social Host Liable For Intoxicated Guest’s Accident

by Low, Ball & Lynch on

Faiez Ennabe, et al. v. Carlos Manosa, et al. (2014) 58 Cal.4th 697 - California Supreme Court (February 24, 2014)- In the Ennabe case, the California Supreme Court wrestled with the tangle of case law and...more

New UK Pharmaceutical Packaging Warnings: Lucy in the Sky with Directions for Marketing Authorisation Holders

by Reed Smith on

This client alert looks at the impact of a new drug driving offence in the UK which will come into effect during 2014 as part of The Crime and Courts Act 2013 (the “CCA 2013”). It is relevant for UK Marketing Authorisation...more

Serving Alcohol At Your Holiday Party

by McNees Wallace & Nurick LLC on

We here at the McNees Wallace & Nurick Labor and Employment Law Group have been busy preparing for the holiday season. While holiday parties can be great fun, hosting a holiday party or placing holiday decorations in...more

Suing A Bar For Personal Injuries Caused By A “Visibly Intoxicated” Person: Sometimes Circumstantial Evidence Can Be Enough

by Varnum LLP on

Many people have seen it happen before: you are at a bar enjoying a cold one, someone stumbles up to the bar and orders another drink, and you think, "Geez, how in the world is that person in any condition to have another...more

Maryland’s Highest Court Continues to Nix Tavern Owners’ Liability for Off-premises Acts by Intoxicated Patrons.

by Pessin Katz Law, P.A. on

For the time being, Maryland remains among the states that refuse to impose liability on tavern owners for injuries caused by intoxicated patrons after they leave the premises. ...more

New York’s Highest Court Finds ER Physician and Hospital Have No Duty to Prevent Intoxicated Patient from Leaving Hospital

by Wilson Elser on

In a landmark decision, the New York Court of Appeals held that a physician’s duty does not allow, let alone mandate, the involuntary detention of intoxicated patients wishing to leave a hospital. ...more

Missouri Court Holds Liquor Liability Applicable to Underlying Suit

In its recent decision in Nautilus Ins. Co. v. Roberts, 2013 U.S. Dist. LEXIS 50141 (E.D. Mo. Apr. 8, 2013), the United States District Court for the Eastern District of Missouri had occasion to consider the application of a...more

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