A Business Obligationĭoes a bar have a duty to protect its patrons from harm? Many would argue "yes." In general, the bar is a business and should provide a safe environment for the customers to engage in their entertainment peacefully. That’s where the liability issue comes in to play. And as rules against sexual harassment or harassment in general have become commonplace in regular society, it only begs the question when the same would apply to the drinking environment as well. But it boils down to some kind of intervention. A variety of tools are used from orders to coaxing the drunk to forget about the person and chase another drink elsewhere in the bar. In reality, however, bartenders are finding themselves more and more getting involved with separating the pushy from those not interested. But that’s about as far as the control goes. Granted, there are some knuckleheads who really get out of control, and then the bouncer steps in to physically move the goof out on the street and away from the paying patrons. If people go to a bar, they should expected dumb behavior to happen occasionally. Up to now, bars have operated under a “drink at your own risk” unsaid rule. The stupid come-on lines, the dancing too close on the dance floor bit, the noisy, rude attention-getting is expected in a bar because, after all, going to a bar means getting drunk and with that comes less-than-stellar behavior. In fact, most guys expect to get into it with each other protecting female friends when they walk into a bar with a partner or acquaintance and other men are there. Typical Bar Behavior, Right?Īsk any woman and she either knows of or has experienced some creep who’s had a bit too much, lost his inhibitions and became too forward in a bar situation. And for the business itself, this potential move should be a wake-up call to a brand new type of liability the bar owner may be held responsible for financially, known as DRAM shop liability. Why in the world would anyone go to a bar if they didn’t expect some kind of attention to occur? That kind of logic no longer holds true anymore, and drinking establishments may become the next frontier with regards to how people are to behave around each other. Afterall, bars and drinking holes have been were people traditionally go to unwind, let loose and even find a date. However, the drinking establishment has always been exempt. That’s because these environments have seen some of the most active litigation and new laws being passed specifying how people should behave and punishing those who continue to behave badly. When people think of harassment, it’s often associated with the workplace, public congregation areas, meeting spaces, universities and similar.
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