Question
On a late Friday night, a drunken patron strolls into the Outlook Bar at Vacation Inn. The bartender fails to check his identification and serves
On a late Friday night, a drunken patron strolls into the Outlook Bar at Vacation Inn. The bartender fails to check his identification and serves him a beer. Then another. The patron is upset when the bartender gives him a bill for $8.00 for the two beers and starts to argue. The patron next to him chimes in and calls the other patron an idiot. Suddenly a pushing match occurs. The bartender and a kitchen employee step between the two but not before the drunk patron breaks the other patron's glasses. The kitchen employee, who has no training whatsoever in security grabs the drunk patronand twists his arm behind his back, promptly breaking it, but only learning that fact much later. They take the drunk patron into thebackroomand photograph him. There the bartender takes $200 from his wallet to pay for the drink and the other patron's glasses. They then escort him to the back door where they shout, "You deadbeat, don't come around here again." As the patron staggers away, he trips over the garbage cans, falls, and breaks his nose. He then picks up a rock that he throws at the bar, but instead hits another guest's car and breaks its window. As he drives off, he clips another guest's car in the parking lot.
- Please discuss all intentional torts and/or negligence claims that may arise from this scenario?
- Explain who would bring the intentional tort claim (there are several).
- List the elements of each intentional tort and apply the law (elements) to the law to demonstrate that there is an actual claim. Please discuss this fully.
- Discuss any defenses that you believe any party may have to the intentional torts you have identified.
- As a practical matter, what do you think the Outlook Bar and Vacation Inn can do to defend or settle this case?
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