Responsibility of Vendors to Timmys Accident - Paper Example

This case deals with the alcohol vendors selling alcohol to intoxicated people. The intoxicated person, in this case, is a person whose speech, behavior and balance are noticeably affected by excessive consumption of alcohol.

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Firstly, according to United States laws on alcohol, a Blood Alcohol Content (BAC) of 0.08% or more by body weight amounts to chargeable act if you are found to be operating a vehicle. In this case, Timmy alcohol level at the time of accident measured a Bac of 0.12 meaning that he was way above accepted content. Furthermore, the law clarifies that the vendor should first assess the nature of the persons condition before serving that person. In this case, as the three were going for another round of alcohol at 11:00 pm they were already intoxicated but the vendor proceeded to sell them more alcohol. This means that the seller broke the law under Liquor Control Act thus responsible for the accident.

Secondly, Liquor control act in the United States disallows person permitted to sell alcohol or their employees from providing alcohol to intoxicated persons. If violated it attracts fine of up to a $1000, one-year imprisonment or both. This means that the vendor should be found guilty by the judge and sentenced or fined accordingly. Thirdly, the law further clarifies that someone who serves alcohol to an intoxicated person is visibly liable for damages caused by the alcohol. This means that the vendor is to some extent responsible for the damage to Timmys vehicle.Lastly, the law states that sale of alcohol to an intoxicated person amounts to a criminal offense and the vendor may experience civil liabilities if it causes death or injuries. In this case, Kim and Robinson became seriously injured and were admitted to ICU. The vendor is punishable for allowing excess consumption of alcohol causing injuries.

Under Alcohol Beverage Code Section 101.63, the Texas laws make it a crime to serve alcohol to an intoxicated person. The bartenders or store clerks have been obligated to refuse to continue serving customers who appear to have drunk too much alcohol. Failure to do the same warrants them a fine up to $500 or jail term. This law goes to the extent of punishing the Texas Alcohol Beverage Commission by finding them civilly liable for the injury or property damage caused by the actions of an intoxicated person who was given alcohol in a licensed premises. A TABC permit holder also may face administrative penalties for serving an intoxicated person, and their license can be subsequently be canceled.

The laws, however, doesnt leave Timmy and friends uncharged since they committed a very major offense by driving while intoxicated. Under section 49.04, the law says that a person driving while intoxicated goes against Class B misdemeanor thus he/she should be confined for a minimum term of six days. Though they are also liable to the accident, the vendors are the one who should carry the whole blame since they were in a situation to prevent the accident at first place. Section 141 says that any person working at the premises, holder of the license, designated premises supervisor or any officer of the bar with a certificate during the time of selling alcohol to an intoxicated person should be held liable to a fine not exceeding level 3 on the standard scale.

After looking at all these laws related to the matter, the judges of the court of law should find the vendors liable to Timmys accident, and therefore the law should take its course.