A orders a large pitcher of beer, as does B. A proceeds to drink his pitcher and half of B's. A dies of asphyxiation (drowning). In an action by A's estate against the bar that sold the beer, the defense most applicable to the action is

Question

Quizplus · Accepted Answer

The defense of assumption of risk applies here because A voluntarily drank the beer and assumed the risk of drinking too much, even to the point of asphyxiation. The bar did not force or coerce A to drink the beer. Therefore, the bar is not liable for the consequences of A's voluntary actions. Contributory negligence and comparative negligence would not apply because the bar did not contribute to A's death, and there was no evidence that B had any responsibility in A's death. Last clear chance would not apply because there was no opportunity for the bar to prevent A's death once he had already assumed the risk by drinking the beer.

A Orders a Large Pitcher of Beer, as Does B