Marijuana and Liquor Liability: What Restaurant Owners Should Know

Recent changes in marijuana legalization laws across Massachusetts has caused restaurant owners to become more concerned about public intoxication and liability concerns stemmed from adverse behavior.

While strict laws about growth and possession have been put in place in the best interest of public safety, it’s best to err on the side of caution because many people will disregard these regulations.

Imagine a patron walks in to your restaurant, sits at the bar, and orders a drink. At the time he/she is completely lucid, but what you don’t know is they just ingested THC before entering your establishment. The bartender serves them one drink, they pay, and leave. On the way home the get into an accident severely hurting people in the other car, and causing property damage. Yes, you will be sued by the third party for all injuries and property damage. You also might be sued by your patron for the same reasons. Now you will have to hire an attorney to defend yourself, even though you only served them one drink. Should your employee have seen that something was wrong, and notified a manager to help prevent the patron from leaving? Servers are put in a very bad spot because they only served them one drink, but should have noticed some of the signs of intoxication, or being high.

Intoxication and Driving: What You Should Do

While you can’t prevent this type of situation from happening, you can prevent the consequences that stem from public intoxication.

If you or one of your employees finds themselves in a situation where a person is visibly intoxicated and is trying to leave, the cops need to be called right away.

Unfortunately, the combo of marijuana and alcohol is very dangerous. The paranoia it can induce can lead people to make flawed or fatal choices.

If you are found guilty of knowingly serving alcohol to an intoxicated person, you will be fined and be ordered to pay the legal defense costs of the plaintiff, which can be astronomical.

Marijuana, Alcohol and the Brain

Like any drug, marijuana gives the user a “high” that is sought after by many who use it. THC, the main mind-altering chemical in marijuana, is linked to several short-term effects including but not limited to: drowsiness, dizziness, increased heart rate, poor spatial memory, anxiety, paranoia, and a heavy-bodied sensation.

Hospitality Staff and TIPS Training

Sometimes your employees can be so busy meeting the multitude of requests coming from patrons that they neglect to look for the warning signs of public intoxication.

The TIPS program is a global leader in raising awareness about the proper service, sale and consumption of alcohol to over 4 million people in the hospitality industry. By providing them with the proper education, you can cut down on liability concerns for your restaurant.

If you have any questions about liquor liability and how different situations affect your business, please contact our restaurant insurance expert, Brian Kilcoyne at 617-612-6515 or email him at briankilcoyne@hkinsurance.com.