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June 2014 Archives

Retailers could be a heartbeat away from AED requirement

The 9th U.S. Circuit Court of Appeals was asked to decide whether Target Corp. has a legal obligation to maintain automated external defibrillators in its stores. The question came out of a lawsuit filed by the family of a woman who died at a Target store in California during 2008. The court sent the case to the state's Supreme Court, noting that state law was not clear on the matter. The state court found for the retailer -- sort of.

Dram shop liability stirred, not shaken by court's decision p2

We are discussing an appellate court decision from Pennsylvania about dram shop liability. The court declined to find a golf club liable for a patron's drunk driving accident, a ruling that illustrates a strict adherence to the specifics of the dram shop law. Both New York and Pennsylvania only hold the establishment liable if the patron was obviously intoxicated.

Dram shop liability stirred, not shaken by court's decision

The hospitality industry has long complained that dram shop laws go a little too far. These are the state laws that allow third parties like restaurants and bars to be held liable in alcohol-related accidents. The liability is not just for civil damages, either -- in New York, at least, criminal charges are possible, and a conviction could mean suspension or revocation of the establishment's liquor license.

Senate committee votes to suspend HOS restart provision

Yesterday, a Senate Committee on Appropriations approved an amendment that would effectively suspend the current Federal Motor Carrier Safety Administration’s (FMCSA) hours of service (HOS) 34-hour restart mandate. If the amended bill is passed, the restart mandate will be suspended for one year while the government undertakes a field study on the issue.

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