Read first and questions at the end

INCIDENT 4:

Four men entered a bar, ate some pizza, and drank some beer.While in the bar, the group started counting the different kinds of liquor bottles lined up behind the bar and joked about drinking a shot from each bottle.One of the men (a University of Florida student), decided to give it a try and gulped down 23 drinks.

The man began vomiting after leaving and died about four hours later.An autopsy showed that his blood-alcohol level was about .40, or roughly four times the level at which a person is considered drunk under Florida law.

Make a written analysis of the potential case.

1. Basis of action of plaintiff against the hotel.

a.Discuss thespecific legal basisfor seeking damages.

b.Why would the plaintiff be entitled to recover damages?

2.How might the hotel defend its position or actions?

a.Discuss thelegal basisof a possible defense.

b.What factors not discussed in the summary of the incident might provide a valid defense?

3.What steps might management have taken that may have prevented a legal issue?