Korean Job Discussion Forums

freethought · Joined: 13 Mar 2005

I honestly couldn't believe this story when i saw it.

For those not familiar with the story, all the details are available in the link.

f-ing crazy, this is...

http://sports.yahoo.com/mlb/news?slug=ap-hancock-lawsuit&prov=ap&type=lgns

cdninkorea · Joined: 27 Jan 2006 Location: Seoul

The same laws apply in Canada- it is illegal for a bar or any drinking establishment to serve enough alcohol to a person that will make them drunk.

I learned this in the Smart Serve course, a requirement for anyone in Ontario who wants to work in the food service industry at any establishment that serves alcohol.
The instructor said that even at large nighclubs with hundreds of guests at a time and several bars on several floors, the establishment is legally responsible for keeping track of how much everyone drinks. If they serve more than they should, technically they can be charged.

IncognitoHFX · Joined: 06 May 2007 Location: Yeongtong, Suwon

Scouse Mouse · Joined: 07 Jan 2007 Location: Cloud #9

The same law applies in the UK. It is illegal to sell alcohol to a person who is intoxicated. The UK does allow for a simple defense though. Tthere is no legal definition of intoxicated, and so there is no legal cut-off point.

freethought · Joined: 13 Mar 2005

I'm not disputing that part of it.... it's the suing the tow trucker driver, the man who's car broke down, etc, that's the f-ed up thing in my view. I'm pretty familiar with Canadian law, and without some sort of gross negligence being involved, that part of the law suit would be tossed/amended.

Then there's the cell phone and speeding issue.

But if you want, remove the American legal system fro the equation and just call it f-ed up.

Captain Corea · Joined: 28 Feb 2005 Location: Seoul

cangel · Joined: 19 Jun 2003 Location: Jeonju, S. Korea

OP, don't be an idiot. Are you just looking for an excuse to flame? Yes, the American criminal justice system is not perfect and there have and will be idiotic and frivolous lawsuits, but I would rather be tried for a crime in the US than in any other country in the world. Anyone can Google frivolous lawsuits in the US and get a laundry list of cases so this particular case is just normal... Granted, I think it is quite stupid but if the prosecution can prove that the bar employees knew he was driving, knew he was intoxicated and yet continued to serve him (which is illegal in the US) then what's wrong with the lawsuit?

RACETRAITOR · Joined: 24 Oct 2005 Location: Seoul, South Korea

freethought · Joined: 13 Mar 2005

lowpo · Joined: 01 Mar 2007

cangel · Joined: 19 Jun 2003 Location: Jeonju, S. Korea

As a matter of fact I have extensive experience with the American criminal justice system. Yes, these types of lawsuits, as I have already mentioned, are common, but there is NO doubt that the American system of trial by jury is far and away superior to trial by judge. The American judicial system is very progressive which is a double-edged sword but it is an excellent system of checks and balances. Crazy cr@p like 50/50 laws for traffic accidents in Korean is insane. Oh, and yes, prison can be a brutal place but lesser crimes do not put you in the big house but rather smaller facilities for milder crimes. Basically, most of those doing time in general population deserve to be there and do not warrant my sympathy.

kprrok · Joined: 06 Apr 2004 Location: KC

I was truly saddened by the loss of Hancock. He was a great player, and apparently a good friend to all of the Cardinals club. He did a great job last year and helped St. Louis celebrate it's first World Series championship in over 20 years, and he will be missed this year.

Having said that, driving while intoxicated is a really stupid thing to do and he is partly to blame for his death. Yes, if the restaurant did continue to serve him after he was drunk, they are also responsible in a way. But his father is going WAY too far in suing the tow truck and the stranded driver.

What happened was a tragedy, no one argues that. One should never have to bury their own children. But that is no excuse for doing stupid things and going after other victims in this sad affair. Does he think the others don't feel bad enough already for their unwilling part in this?

Mr. Hancock should be ashamed of himself for going after them in his grief.

KPRROK

darkhorse_NZ · Joined: 20 Feb 2007 Location: South Korea

the American justice system will only reveal itself to be screwed up if his Dad wins the lawsuit and a cash payout. With all the factors leading to his death...and what? a baseball pitcher can't afford a cab? no excuse on Hancock's part.

by the way. cangel. america isn't the only country who trial by jury. in fact, i'd rather be trialled in my own fair country where i'm assured a slap over the hand with a wet bus ticket, 3 square meals and a couple of weeks in the lag.

Dysupes · Joined: 24 May 2005

The fact that someone can sue people over something like this is crazy, period. To say that the restaurant may have been at fault, while being a bit of a stretch, is marginally reasonable. A famous pitcher is going to be given however much he wants regardless of what they're supposed to do and everyone, including his dad, knows that.

As for his dad suing the tow truckers and the stalled motorist, that is simply insane. They are the victims of his son's stupidity and carelessness and they have absolutely nothing to do with his son being dead. Some have said, "Well, it'll only really be insane if the dad wins" but let's not skip over the fact that people file silly lawsuits like this one because they know there's always the chance they could win. They've seen other ridiculous suits like this get won like the time in Ontario where a woman get into an accident after a Christmas party and then sued her boss for not having stopped her from drinking. Rolling Eyes

Any person in their right mind would say, "screw you it was your own damn fault" but the courts said that he had a responsibility to control his adult employees and their alcohol consumption. That is entirely ludicrous and so is this suit. I hope to hell the father doesn't win and that the courts start taking a little more care with the system. Oh, and by the way, if this is a civil suit does that not mean that there is no jury? Juries are only for criminal suits not civil suits or so I thought. I thought all civil suits were decided by a judge. Please correct me if I'm wrong.

cangel · Joined: 19 Jun 2003 Location: Jeonju, S. Korea

Why would you consider this lawsuit crazy. The legislators backed by the general public have created a law stating that it is illegal for an establishment to serve alcohol to someone who is obviously intoxicated. The question, is whether the establishment knew he was intoxicated and continued to serve him. Now granted, I think we should be responsible for our own actions but sometimes people are too stupid for their own good.