Local bars say liability lawsuits are preventable

Stacie Schroeder

Ames bars are aware of the responsibility they have at keeping their customers safe because of liability laws.

Two bars in Iowa City are facing a lawsuit for this reason after a University of Iowa student died in January.

The student’s father, Paul Kearney, is suing the Union Bar and Vito’s, claiming they served alcohol to a man, Daniel Corbett, who allegedly assaulted his 23-year-old son, Michael.

Michael later died due to a massive cerebral edema, an excess of water on the brain. Kearney believes the intoxicated state of the man caused the altercation with his son.

Peter Sherman, owner of the Boheme Bistro, 2900 West St., said he thinks bar owners and employees need to be sensitive to situations like this. Having penny pitchers or mega-drink specials contributes to these types of situations, he said.

“They are intended to get people drunk,” Sherman said.

Brian Deets, assistant general manager for People’s Bar and Grill, 2428 Lincoln Way, said Ames does a pretty good job at preventing similar situations from happening.

At People’s, all staff members apply risk management procedures to monitor the behavior of customers. Employees get security training; staff members deny people entry into the bar if they appear intoxicated, and employees are taught to be aware of their surroundings.

“We have the luxury of a wide- open bar, so employees can monitor what’s happening,” Deets said.

Nonstudents are more likely to get out of hand at People’s than ISU students, Deets said.

Welch Avenue Station, 207 Welch Ave., requires employees to go through Training for Intervention Procedures, said manager Mike Adams. Training for Intervention Procedures is a program that teaches servers, sellers and consumers of alcohol to prevent intoxication, drunk driving and underage drinking. At Welch Avenue Station, employees have to cut off customers’ drinks all the time.

“You have to do it in a manner to avoid any escalation,” Adams said.

Bars in Ames are required by Iowa law to prohibit the sale of alcohol to intoxicated persons. In addition, under the Dramshop Act, anyone injured by an intoxicated person has a right of action for damages against any licensee or permittee who sold the alcohol.

“I think the dramshop law is good,” Adams said.

“But they shouldn’t be used as a safety net for patrons.”

Many Ames-area bars agree responsibility needs to be shared between the bar and customers.

“You can’t remove any and all responsibility in the person that’s getting drunk. They are adults,” Sherman said.

— The Des Moines Register contributed to this article