Does a nightclub have liability when someone slips a date-rape drug into a drink?
Getting slipped a Mickey is an unfortunate possibility in clubs these days. A common liquid date-rape drug that has been used for this purpose is called GHB. Another common club drug used to loosen inhibitions is called Ecstasy and less popular is Rohypnol. (Search in Google for more details) It’s a crime to possess these drugs and for a person to slip them into a drink. As far as liability of the club…it would be extremely difficult to prove that the club participated in the crime (unless directly involved or trying to sell more bottled water) or that it was foreseeable to them. To date, there is no requirement that clubs must sell alcoholic beverages in sealed containers or that drinks must be kept under surveillance once served. Also, there is no practical way to successfully search every customer at the point of entry to prevent small pills or vials from being brought inside. Finally, the victim would requyire blood to be drawn immediately following the incident to identify a club
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