Question

fleuridor case ~ negligence
after reading the material in your textbook, the negligence outline and the fleuridor case, post your answers to the following
questions. after you have done that, reply to another students post.

1. do you agree with the court’s decision? why/why not?
2. taking into consideration the fleuridor case: if you were having a promotional party for your business where alcohol was being served, what things might you do to

prevent you or your business from being liable for any alcohol related incidents?

Explanation:

1. The Fleuridor case involves a bar that served alcohol to an intoxicated patron who later caused a fatal crash. The court held the bar liable under negligence, finding it breached its duty of care by over-serving someone visibly intoxicated, which directly led to harm. Agreement with the decision hinges on the four elements of negligence: duty of care (bars owe a duty to not over-serve), breach (the bar failed this duty), causation (over-serving led to the crash), and damages (fatal harm occurred). The court correctly applied these elements, so the decision is justified.
2. To avoid liability for alcohol-related incidents at a business promotional party, key steps include: verifying guest age via ID checks, training staff to spot intoxication and stop service, offering non-alcoholic drink alternatives, arranging safe transit (e.g., ride-sharing discounts), limiting drink portions or using drink tickets, and posting clear rules about responsible alcohol service. These measures fulfill a business's duty of care and reduce the risk of breaching negligence standards.

Answer:

1. Yes, I agree with the Court's decision. The bar owed a duty of care to avoid over-serving visibly intoxicated patrons, breached that duty, and this breach directly caused the fatal crash, satisfying all negligence elements.
2. To prevent liability, I would:

• Check valid IDs for all guests
• Train staff to cut off intoxicated guests
• Offer free non-alcoholic beverage options
• Provide discounted ride-sharing vouchers
• Use a limited drink ticket system per guest