The Breathalyzer In The Bar: The Adult Attractive Nuisance

In first year torts, every law student learns about the “attractive nuisance” doctrine.

Basically, if you have a trampoline on your property and a  kid trespasses on your land to use said trampoline and gets injured – you’re on the hook.  See Wikipedia.

It looked like this, except with many more lights. -Image from Wikipedia

A few weeks ago, I was in a bar that had a breathalyzer machine. For those of you on the fence about going to law school be advised this is what happens to your brain. Instead of seeing people having fun in a bar – the only thing I could see were liability issues and this was after I had a pint or four.

People were competing on said machine. Rumor has it that a .55 was blown.

For a small fee, one gets a straw and blows into the breathalyzer machine.  It provides the user with his BAC. The machine serves 2 purposes: (1) to let a user know it’s time to call a cab; and (2) to encourage drinking as users compete to see who can blow the highest number.

At the bar, the breathalyzer was placed out of sight of the bartenders (near the restrooms).  I suspect this is intentional. Do bar owners really want their bartenders knowing the exact BAC of their patrons? I think not.

In my opinion, this machine is an adult trampoline. Instead of youth rendering a person unable to appreciate risk it’s intoxication.  There’s very little utility to having such a machine in a bar. If a person is questioning his BAC – he shouldn’t drive.  The bar owner makes money by the fees generated from the machine and by selling more drinks. This machine encourages alcohol consumption.

If you were representing a bar, would the presence of a breathalyzer machine make you nervous?

 

 

 

 

 

Ryan McKeen is a trial attorney at Connecticut Trial Firm, LLC in Glastonbury, Connecticut. In 2016, he was honored by the CT Personal Injury Hall of Fame for securing one of the highest settlements in the state. He is a New Leader in the Law. ABA 100. Avvo 10. 40 under 40 for Hartford Business Journal. He has been quoted in Time Magazine, the New York Times, Hartford Courant, Wall Street Journal Law Blog and the Hartford Business Journal. He focuses his practice on Connecticut Personal Injury law. He loves what he does. Contact him ryan@cttrialfirm.com or 860 471 8333

Call Now Button