The Overcrowded Club with the Blocked Exit
At 1:10 a.m. on a Saturday, a Wilmington nightclub with a posted capacity of 300 has 340 people inside according to the door counter. The rear fire exit is chained, two empty kegs sit in the aisle leading to it, and the emergency light over the exit is out. A puddle of water and melted ice spreads near the service bar; there is no wet-floor sign. One bartender is pouring a double rum and Coke for a customer who is swaying and holding the bar with both hands. The door person is 19, has no training, and is waving in a group of five without checking IDs. The manager is on the floor but is talking to a friend.
1. List the immediate hazards and rank them. What should be fixed first, and by whom?
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Life-safety hazards come first: the chained rear exit, the blocked aisle, the failed emergency light, and the overcapacity crowd. A locked exit can turn a small fire or fight into a mass-casualty event, so the exit must be unlocked and the aisle cleared immediately; the manager should stop entry and reduce the crowd toward 300. Next, the wet floor needs a sign, a mop, and someone assigned to watch it; slip-and-fall risk is immediate. Then the overserved customer: the bartender must stop the double and offer water and a ride. The ID check at the door is also urgent because the group of five is entering without screening. The reasoning is triage: fix what can kill or injure many people first, then individual service and documentation.
2. What are the legal and liability risks of the blocked exit and the overcapacity condition?
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The blocked and chained exit, dead emergency light, and overcapacity condition create fire-code and premises-liability exposure separate from alcohol service. Delaware alcohol regulators and local fire officials can act against the licensee, and if a fight, fire, or panic occurs, the blocked exit supports negligence claims because the harm is foreseeable. The club's posted capacity is a legal limit, not a suggestion; 340 inside means the door staff must stop admitting and count exits. The wet floor adds a separate slip-and-fall risk, especially with intoxicated patrons. The reasoning: alcohol liability is not the only exposure; a server who ignores a chained exit is part of a larger safety failure. The manager should be called immediately, and the conditions should be photographed and logged after the immediate fix.
3. How should the bartender handle the swaying customer who ordered the double, and what should happen at the door with the group of five?
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The bartender should not pour the double. The customer is holding the bar with both hands and swaying, which are visible impairment cues; offer water, food, and a cab, and involve the manager if he resists. The door person should stop the group of five, check every ID, and refuse entry to anyone without valid ID or anyone visibly intoxicated; the 19-year-old door person needs a trained supervisor immediately. The reasoning: one successful sale to a visibly intoxicated person or a minor can undo the club's defense, and the crowd condition makes every additional impaired person a bigger risk. The manager should reassign the door, document the refusals, and consider closing entry until the occupancy and exit issues are corrected.