The Cochran Firm Legal Blog

A state law that protects bar owners from the actions of inebriated patrons is being challenged in Wyoming. This comes after a head-on collision that killed an older couple last year. They were hit by a drunk driver who was driving the wrong way. The driver and his two passengers were also killed.

The victims' relatives sued the owners of two bars in Big Horn County where the drunk driver visited before the auto accident. A former state attorney general is representing the family. The lawsuit has asked that the law protecting bar owners from legal action as a result of the actions taken by their intoxicated patrons be ruled unconstitutional. As the Wyoming law stands now, the owner of a bar can continue to serve someone who is clearly drunk without being held responsible.

Law of the Land

In a 2003 3-2 decision, the Wyoming Supreme Court upheld the constitutionality of the law limiting liability. The relatives' lawyer has noted that Wyoming Legislature has outlawed open containers of alcohol in vehicles as well as tightened penalties for drunken driving, and it is now time for the high court to reconsider the 2003 ruling.

The bar owners targeted in the lawsuit state that they are saddened for the deaths, but that it comes down to personal responsibility, and that burden should not be placed on bartenders. However, they have trained their bartenders and have a policy manual about how to serve patrons responsibly.

While most states in the country have passed laws tightening all kinds of laws to keep their highways safe, Wyoming continues to be one of the last to jump on board. As a state that prides itself on its libertarian beliefs and its open ranges, it may have the luxury since the population is so small. However, as we enter the second decade of the 21^st century, it seems that common sense, as well as the safety of the people, might trump an outdated sense of personal responsibility. Clearly laws are passed for the good of the people in cases like this; not meant to trample individual rights.

If you have lost a loved one in an auto accident due to the negligence of another party, please contact the experienced wrongful death attorneys at the Cochran Firm. We serve clients nationwide.