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  1. #1
    Join Date
    Aug 2006
    Posts
    2

    Exclamation Selling to Minors and Wrongful Death Claim

    We own a "mom and pop" style kind of liquor store in Massachusetts. This store is approx 5.4 miles from the border of Connecticut (according to Google maps). On January 29 2005, a minor with fake ID supposedly came in and bought a 30 pack of beer. He ends ends up driving drunk on the highway (right outside Hartford CT) and colliding head on with another car at 4am on Jan 30 2005. The driver eventually dies from wounds in the accident and injures the passengers. A CT trooper comes in to our store the next day and explains the situation to the us. 18 months go by and we get served with legal papers saying that we're getting sued for being responsible for the drivers death, legal fees, and medical bills and selling alcohol to minors. There was no proof that he bought from our store. No reciept, no credit card transaction, no evidence or proof that we sold to him. The family of the deceased ends up sueing the owner and the store for >$15,000 in monetary reporations. We have extremely strict policy about selling alcohol to minors. We have no history of selling to minors before.

    Do the family of the decease have a case? Or is it just a classic example of people looking for money because it is 18 months later? Also, what is that statute of limitations in the case (if somone knows)? And what time do Connecticut bars have to stop alcohol at?

    Thank You.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Selling to Minors and Wrongful Death Claim

    Don't you have insurance to cover this type of claim? If you do, submit the claim to your insurance company and let them worry about defending it.

    If they can't establish where he bought the liquor, it seems unlikely that they have a viable dram shop or "sale to a minor"-type claim.
    Quote Quoting Connecticut Code, Liquor Control Act, Sec. 30-91. Hours and days of closing. Exemption.
    (a) The sale or the dispensing or consumption or the presence in glasses or other receptacles suitable to permit the consumption of alcoholic liquor by an individual in places operating under hotel permits, restaurant permits, cafe permits, restaurant permits for catering establishments, bowling establishment permits, racquetball facility permits, club permits, coliseum permits, coliseum concession permits, special sporting facility restaurant permits, special sporting facility employee recreational permits, special sporting facility guest permits, special sporting facility concession permits, special sporting facility bar permits, golf country club permits, nonprofit public museum permits, university permits, airport restaurant permits, airport bar permits, airport airline club permits, tavern permits, a manufacturer permit for a brew pub, casino permits, caterer liquor permits and charitable organization permits shall be unlawful on: (1) Monday, Tuesday, Wednesday, Thursday and Friday between the hours of one o'clock a.m. and nine o'clock a.m.; (2) Saturday between the hours of two o'clock a.m. and nine o'clock a.m.; (3) Sunday between the hours of two o'clock a.m. and eleven o'clock a.m.; (4) Christmas, except (A) for alcoholic liquor that is served where food is also available during the hours otherwise permitted by this section for the day on which Christmas falls, and (B) by casino permittees at casinos, as defined in section 30-37k; and (5) January first between the hours of three o'clock a.m. and nine o'clock a.m., except that on any Sunday that is January first the prohibitions of this section shall be between the hours of three o'clock a.m. and eleven o'clock a.m.

  3. #3
    Join Date
    Aug 2006
    Posts
    2

    Default Re: Selling to Minors and Wrongful Death Claim

    No, we don't. The premiums are too high for liability insurance. We think thats what the family of the deceased are counting on, the insurance company just settling and pay.

  4. #4
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Selling to Minors and Wrongful Death Claim

    The statute of limitaitons varies between MA and CT but this lawsuit is filed within both which I have outlined below. Even though you were not cited, you may want to check for the records of the investigation and with the state, while they may not have had receipts, they may have a witness statement and the person may have had their fake ID with them, a lot can happen in 4+ hours before the accident. Too bad you don't have insurance because you will need an attorney to fight this even if they don't seem to have much merit, that is where such things as comparative negligence will come into play. Did you have a viedo tape by any chance?

    Connecticut Statutes of Limitations

    Negligence/Personal Injury

    Statute of Limitations: 2 Years from date of act or discovery but no more than 3 years from date of act

    Products Liability

    Statute of Limitations: 3 years with discovery rule, maximum 10 years from date manufacturer or seller last parted with possession of product. Exception: if plaintiff is non-employee and can prove that injury occurred during “useful, safe life” of product.

    Wrongful Death

    Statute of Limitations: 2 Years from date of death but no more than 5 years from date of act complained of

    Medical, Dental, and Hospital Malpractice

    Statute of Limitations: 2 Years from date of injury or discovery, but no more than 3 years from date of malpractice.

    Fraud

    Statute of Limitations: 1 Year except on negotiable note obtained by fraud where holder was given written notice of fraud in which case SOL runs from date of notice.

    Discovery Rule

    See specific rules above.

    Disabilities

    No toll for infancy. 7 year maximum for absence or concealment by defendant. 1 year for death of plaintiff if SOL has not expired.

    Comparative Negligence

    Pure comparative negligence applies and plaintiff’s damages are reduced by degree of plaintiff’s fault.

    Contributory or comparative negligence cannot bar recovery in strict liability.



    Massachusetts Statutes of Limitations

    Negligence/Personal Injury

    Statute of Limitations: 3 years with Discovery Rule

    Products Liability

    Statute of Limitations: 3 years with Discovery Rule

    Wrongful Death

    Statute of Limitations: 3 years with Discovery Rule

    Medical Malpractice

    Statute of Limitations: 3 years with Discovery Rule. Maximum of 7 years after injury, unless foreign object involved and then SOL runs from when object is, or should have been, discovered.

    Most Intentional Torts

    Statute of Limitations: 3 years

    Legal, Accountant, and Dental Malpractice

    Statute of Limitations: 3 years

    Other SOL

    3 years: Hit-and-run accidents. 6 months after plaintiff learns of identity of defendant if written notice given to police and department of motor vehicles within 30 days of accident.

    Fraud

    If the person liable fraudulently conceals the cause of action, the period prior to discovery of his cause of action by the plaintiff is excluded.

    Discovery Rule

    SOL runs from date injury is, or should have been discovered. See specific rule for medical malpractice.

    Disabilities

    For minor (18 th birthday) or persons with mental illness, statute runs from removal of disability. Infants must commence action for medical malpractice within 3 years or before 9 th birthday, whichever is later. Maximum limitation is 7 years after injury except for foreign object cases.

    Comparative Negligence

    Applies but not if plaintiff’s negligence is greater than 50%. Damages reduced by plaintiff’s percentage of fault.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Selling to Minors and Wrongful Death Claim

    Some states require insurance for liquor vendors. As for the cost, sure - the cost of any insurance "is too high", right up to the time you need coverage. Unfortunately when you choose to go without insurance to save money, you are gambling that you won't suffer a loss or get sued before your savings in premiums exceed the amount you will have to pay to defend against or satisfy the claim.

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