Civil Law Suit Questions

Naufrago · #1 03-08-2005, 11:52 PM

For the moderator or other legal experts. Reading the story about the Tequila drinking contest, and its tragic results, brings to mind some questions. Can the owners of the Bar be sued in Civil Court for their actions? Is there such a thing in this country? Also if someone falls in one of the many open holes present in the streets and sidewalks of the city, can you sue the city or the shop keeper whoses sidewalk you're crossing. What are the laws and standards for negligence and civil law suits in this country? Just some general info would be appreciated.

Pib · #2 03-08-2005, 11:55 PM

Quote:

Originally Posted by Naufrago

For the moderator or other legal experts. Reading the story about the Tequila drinking contest, and its tragic results, brings to mind some questions. Can the owners of the Bar be sued in Civil Court for their actions? Is there such a thing in this country? Also if someone falls in one of the many open holes present in the streets and sidewalks of the city, can you sue the city or the shop keeper whoses sidewalk you're crossing. What are the laws and standards for negligence and civil law suits in this country? Just some general info would be appreciated.

Regardless of the legal aspect of it, why would the bar owners be sued? Were any of the victims minors? Were they made to drink?

If any laws were broken then I am all for criminal prosecution, as it is all I see is two posthumous nomination to the Darwin Awards.

Naufrago · #3 03-09-2005, 12:02 AM

In the US, a bar owner can be held liable if he/she knowingly, continues to intoxicate someone whose looped, and that person gets into his car and kills someone. "Dram Shop Laws", don't know the current status of those cases but this instance seems worse. I think it Criminal to have a contest like that, I guess the owners wouldn't want me on that jury. But, they don't have juries here do they? Only judges appointed by the wealthy and connected business owners by their political puppets.

Pib · #4 03-09-2005, 12:12 AM

Well, just as the US and DR have different legal systems we two have different views on the subject. I don't want to be protected from myself (with very few exceptions) by the government. Those kids chose to do something very stupid, something any person with an ounce of common sense ought to know was dangerous.

As I said, if there was any criminal action on the part of the bar owner I hope he is prosecuted, I just don't see what that would be.

Naufrago · #5 03-09-2005, 12:16 AM

I understand where your coming from, but what's next russian roulette for 100K pesos? these bar owners promoted something extremely dangerous with forseeable consequences for a profit, they should be held to some kind of standard, I believe.

Pib · #6 03-09-2005, 12:20 AM

Quote:

Originally Posted by Naufrago

I understand where your coming from, but what's next russian roulette for 100K pesos?

Let's not get on that slippery slope. It is one thing to serve drinks in a place that has a license to do so another is to hand a loaded gun to somebody without a permit to have it. Not quite the same thing.

I know where you are coming from too, I am also troubled by that idea, it was a VERY stupid idea on the part of the owners, but been stupid is not against the law. As I said, if they actually broke a law they should be prosecuted, I am just unsure there is actually any law against that. Maybe assisting a suicide?

Naufrago · #7 03-09-2005, 12:47 AM

Okay so I think we agree now, my question is about civil liability, not criminal. People pay out money every day to cover the damages created by their stupidity. Especially when they're making money directly realted to those damages. At least give the family of the dead and injured the profits from that night of stupidity, would that be fair?

Pib · #8 03-09-2005, 01:00 AM

Quote:

Originally Posted by Naufrago

Okay so I think we agree now, my question is about civil liability, not criminal. People pay out money every day to cover the damages created by their stupidity. Especially when they're making money directly realted to those damages. At least give the family of the dead and injured the profits from that night of stupidity, would that be fair?

Well the thing is, and I could be hugely wrong here, that you have to prove that they owners acted criminally or in breach of a contract to sue in civil court. It doesn't quite work the same way as in the US. Of course I will bow to anyone with actual knowledge of the law.

And I disagree with you that the families of the victims should receive compensation should it be found that the bar owners acted in accordance with the law.

Naufrago · #9 03-09-2005, 01:07 AM

Maybe I should have posted this in the debate section. So is Breach of Contract the only actionable cause in Dominican Courts? Are you saying that here there is no standard of negligence that is actionable in Civil Court? That's what I don't know and that's the question that I'm asking.

Robert · #10 03-09-2005, 02:00 AM

The bar never broke any laws and the adults signed a release.
Compensation in my books would be an admission of guilt in some way.
My guess is this will slowly slide out of the news and that will be it.

Mini rant

God forbid if this place ever gets like the USA and people start searching for bad kerbs stones to fall over or claim to be emotional scared for seeing someone less fortunate than them walking on the street.

At the end of the day most of us on DR1 are not in the USA, we are living as guests in the Dominican Republic. I'm 100% against foreigners attempting to inflict or indoctrinate their moral values on the system or it's people.
But... If you have any common sense going spare, please pass it out