Serving Alcohol to Drunk Customers in Mississippi
In Mississippi, a business such as a bar, restaraunt or casino, could be held liable if it serves alcohol to a visibly drunk patron who then leaves the premises and injures another person. The Mississippi law which governs this is called the "Dram Shop Act".
The Mississippi Supreme Court recently upheld a verdict against the Horeshoe Casino in Tunica, Mississippi. The facts of the case showed that Rodney Dean of Memphis went to the casino to gamble. Dean consumed numerous beers over the course of 16 hours. Testimony showed that Dean was served 2-3 beers per hour, if not more. When Dean left the casino, he was observed speeding in excess of 90 miles per hour and violating other traffic laws. He evenutally slammed into another car, killing the occupants. His blood alcohol content was .16 which is double the legal limit in Mississippi.
The families of two of the occupants of the other car filed a wrongful death lawsuit against both Dean and the casino. The casino did not deny serving Dean but argued that he was not "visibly intoxicated" when he was being served over the course of 16 hours. The jury rejected the Casino's defense and found in favor of the two families.
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