Michael Fenton admits he’s an alcoholic. He went on a two-day bender at the Marco Island Marriott Resort and Spa last January. In an inebriated state, he then plunged over a stairway some 100 feet. Now, he’s suing the hotel for serving an addict and causing his brain damage.
Fenton, whose age and address are not listed, is suing Marriott International Inc. and Marriott Hotel Services Inc., claiming that the bartender knowingly served a person who was addicted to alcohol, despite pleas by his family. The lawsuit says he now suffers from severe and permanent brain damage after falling from the stairway, which is 100- to 130-feet high.
The lawsuit says Fenton, a hotel guest, was in the bar on Jan. 17, 2008, and the bartender served him a “substantial number” of alcoholic drinks.
I’m too lazy this morning to read the linked article but if the precis is correct and the family pleaded with the bartender not to serve the man and if the bartender knew who he was serving then maybe the Marriott has some liability. On the other hand, if the family was so worried about Dad drinking, maybe they should have kept an eye on him. Let’s see – who’s burden is greater? Uhmmm. Case dismissed!
He’ll probably win, in Florida.
The bartender can’t deny anyone drinks if he dose then he can get sued. it is ironic, isn’t it
Hmm, where have we heard dopey stories like this before? The legal system has turned into a get rich quick scheme.
JCD, how can you be so heartless. The Marriott makes millions in profits every day, and they let this guy get drunk. Clearly they should be assessed damages and punitive damages of about 10 million, with the lawyers getting 4 million. Anything else would be a travesty of justice.
If I ever decide to go on a two day bender, it sure as hell won’t be at a hotel. If you go to a normal bar, drinks are much cheaper.
–>The admitted alcoholic contends the hotel bartender should not have served an addict and that its grand stairway doesn’t meet county and state codes or industry standards<–
Now, with the accusation of the grand stairway, I can see a win based on that if its true just by technicality. I don’t think he should win, but the notation about codes and standards is the curious part.
(I am not a lawyer.)
He probably will win on the alcohol claim.
It is well established in every State that bartenders are responsible for the drinks they serve. The bartender continued to serve the patron even after he was quite drunk. The bartender either knew or should have known that allowing the patron to become excessively drunk could endanger the patron or someone else. Classic negligence case.
That the bartender was appraised the patron was an alcoholic and, because of his trade, should have been familiar with the behavior of alcoholics, negates most unaware or ignorance defenses.
Not sure I agree with Mr Fusion. Many alcoholics can drink excessively without appearing impaired. I also wonder if the man sat at the bar or was served by wait staff? If he was off in some dark corner and the waiter/ress was ordering and delivering drinks, is the bartender still at fault?
Also not being a lawyer, I still wonder about the contributory negligence of the family. If they worried he might slip, why did they put the onus on the bartender?
Seems probable the mighty Marriott Corp will buy this family off but I’m not sure they should.
Wow. the first time I have heard this kind of news. But despite pleas by his family, the bartender shouldn’t have given Ferton drinks. Or maybe Ferton insisted without the knowledge of his family then this is another story.
100 foot drop and this guy survives? He’s lucky, in a brain damaged sort of way. I wonder how tall this guy is and how tall the railing around the stairway.
Stupidity is a self correcting problem. Survival of the fittest.
Anarchy and chaos is the only true freedom.
Nimby,
You raise good points.
As for the family, unless they were the ones giving him the alcohol, they were not contributing to his disease.
A similar thing happened a few years ago. Family notified the police of a suicidal family member about to jump from a tall building. While the police were attempting to talk him down, a crowd gathered. Several starting shouting for him to jump, which he did. Several of those shouting were arrested and charged with manslaughter. Because they knowingly contributed to the man’s fragile mental condition.
Very close in legal theory is there have been bartenders that have been sued because of some drunken patron driving off and killing an innocent bystander.
Seems like his brain damage was a pre-existing condition.
We should sue McDonald’s for letting us get fat.