Taking personal responsibility

[KBCraig]

Girl goes out drinking with her mother and brother. Girl falls from brother's balcony, and dies. Father sues the bar where she was drinking.

Because apparently, the bar should have looked out for her better than her own mother and brother did. 

Oh, and her BAC was 0.125, which is hardly falling down drunk.

http://www.unionleader.com/article.aspx?headline=Over-served+at+Uptown%3f&articleId=b48c0e76-a279-43fb-aca2-7222b6a69240

[Dreepa]

What type of beer did she drink?
They should sue them too!

[David]

Oh and the balcony was too low, sue the builder too.  And the original seller or landlord as well, for not posting a proper N.A.I.S.P.O.C. gov't agency seal of danger on the balcony. 

[Spencer]

The Legislature could fix this problem if it wanted to, but something tells me that MADD and the neo-prohibitionists will fight any such attempts tooth-and-nail.

Here's an analysis of NH's dram shop laws from the Connecticut General Assembly's Office of Legislative Research:

NEW HAMPSHIRE

The New Hampshire Dram Shop Act makes a liquor licensee and his employee liable if he negligently or recklessly serves a minor or an intoxicated person if he knows, or a reasonably prudent person in like circumstances would know, that the person being served is a minor or intoxicated. The act makes proof of service without requesting proof of age admissible as evidence of negligence.

The act allows a person who becomes intoxicated to sue the seller for serving him only if the server is reckless. Service is reckless if the seller intentionally serves knowing that serving the drinker creates an unreasonable risk of physical harm to him or to others that is substantially greater than that which is necessary to make his conduct negligent. The following practices are among those that are admissible as evidence of reckless conduct: (1) active encouragement of an intoxicated person to consume substantial amounts, (2) service to someone 16 or younger, (3) service to someone that is so continuous and excessive that it creates a substantial risk of death by alcohol poisoning, and (4) the active assistance into a motor vehicle when the patron is so intoxicated that assistance is required.

The law provides that service is not negligent or reckless if the server is following responsible business practices. These include, among other specified activities: (1) encouraging patrons not to become intoxicated, (2) promoting the availability of nonalcoholic beverages and food, (3) promoting safe transportation, and (4) prohibiting employees from drinking alcoholic beverages while working.

The law immunizes sellers from civil damages resulting from refusing to sell alcoholic beverages (1) to someone who failed to show proof of age or appeared to be a minor to a reasonable person or (2) in good faith to prevent intoxication (N. H. Rev. Stat. Ann. ?? 507-F: 1 to 507-F: .

[Sweet Mercury]

I'm sure the company that made her shoes did something lawsuit worthy. The bastards.

[KBCraig]

Update gleaned from the UL: instead of a balcony, she fell from a bathroom window, which was only one foot wide.

http://www.unionleader.com/article.aspx?headline=City+tavern+loses+license+for+10+days&articleId=39f9950d-f5ee-417c-b63d-dd9333d7772b

The mother who took her daughter out drinking in celebration of her own birthday, now says there is "no justice". The father calls the tavern owners "murderers". (Adding to the conspiracy, all evidence has been "omitted" that the tavern owners personally shoved her out the window.) 

Also worth noting, the mother, brother, and various friends didn't notice her absence. A neighbor found her body, hours later. While everyone else was (presumably) passed out drunk.