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The Blame Game Continues...

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Bickell's Blog
June 4, 2007

Our business involves alcohol, and with it comes problems - some avoidable; some unavoidable. It doesn't matter to the legal people because with tragedy there can come a payday, and with alcohol involved, there is always a potential tragedy just waiting to happen.

The father of Josh Hancock, a former St. Louis Cardinal, is going after Mike Shannon's Restaurant because his son consumed alcohol in this particular establishment before he drove his car into a flatbed tow truck sitting on the side of a highway. Needless to say, the father is also suing the owner of the tow truck. The presumption is that if the restaurant hadn't served him the alcohol and if the tow truck hadn't been sitting on the side of the highway, his son would still be throwing fastballs for the Cardinals.

It's a tragic story in every respect, and one can appreciate the pain and suffering from a proud and loving father who is now experiencing the worst nightmare of his life. Authorities said the 29-year-old pitcher had a blood content of nearly twice the legal limit for alcohol in his system when he crashed into the back of the tow truck. He was speeding, using a cell phone and wasn't wearing a seat belt. They also found marijuana in his SUV. It should also be mentioned that his son had another automobile accident three days prior at 5:30 in the morning.

Here's the unpleasant reality as I see it - your son needed help, and either he didn't get it or he wasn't ready to accept it. This kid had a problem, and my guess is that Mike Shannon or that tow truck had very little to do with it. Your son was going to find alcohol whether or not the restaurant continued to serve him. Yes, you are permitted to sue the restaurant just as a parent could sue McDonald's because their kid became obese consuming too much fast food. The lawsuits are out there and most of the time we don't even hear about them.

One of the dangers of being in the restaurant business is that you are potentially liable for the behavior of the people who frequent your establishment. A percentage of your customers are accidents waiting to happen, and there will be some who will blame you for their mistakes. Every owner in this business knows what this is about. I don't think Mr. Hancock is doing this for the money; he just needs to find someone to blame. That someone was close to him, and this truth will be very difficult for him to accept.

Talk Back:
What are your thoughts? Write to Bickell's Blog at rbickell@restaurantreport.com

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