After a Muncie couple was awarded a $39 million civil judgment against Outback Steakhouse, restaurants have been taking extra precautions to ensure that they are not held liable for the sale of alcohol to patrons who are already intoxicated.
"We have always been careful while serving alcohol, but it is especially important now after what has happened recently," Michael Swinford, supervisor at Damon's in Muncie, said.
Swinford said servers are taught to look for basic signs of intoxication such as slurred speech, trouble walking and obnoxious behavior.
"We will offer the person free coffee or food and call them a cab," Swinford said. "We will always make sure that person has the option of not driving."
Body weight and number of drinks are also taken into consideration.
"We tell every bartender and server that they, along with the restaurant, can be held liable for serving alcohol to someone who is already intoxicated," Swinford said.
Indeed, restaurants can be given anything from a summons violation to criminal charges, according to supervisor of the excise office Penny Davis.
"Sales to the intoxicated" is a class B misdemeanor and can result in up to a $1,000 fine and 180 days in jail.
Such a consequence seems small in size compared with the lawsuit against Outback Steakhouse brought on by Muncie couple David and Lisa Markley, after their motorcycle was struck by a drunken driver on July 21, 1997. The Markleys sustained severe physical injuries in the accident.
The driver, William Whitaker of Albany, became intoxicated that night during a grand opening celebration at Outback Steakhouse in Muncie.
The Outback Steakhouse Corporation has already announced plans to appeal the decision.
Most suits against restaurants and bars concerning liability for serving alcohol to the intoxicated are brought on by victims of a drunken driving accidents in a civil case, Davis said.
"If we get reliable information that servers knew, or should have known that the patron was intoxicated we will take necessary action," Davis said. "Servers should have the proper training to spot problems."
Those serving alcohol who are between the ages 19 and 20 are required to take a class with the department of excise, while those above the age of 21 are encouraged to do so free of charge, Davis said. Participants learn to identify signs of intoxication.
"Some people can hide their intoxication well," manager at Applebee's in Muncie Tom Newsom said. "Some cases are really not easy and it is a judgment call."
Newsom said it is not often that a patron has to be cut off.
"People are more responsible today with their drinking because of the laws implemented against drunk driving," Newsom said. "People do not want to take the chance anymore."
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