LIABILITY: Appellate Court Holds That Mode of Operation Rule Does Not Apply To The Service Of Beer At a Nightclub

The Connecticut Appellate Court has refused to extend the “mode of operation rule” to the service of beer at a nightclub. The mode of operation rule holds that when a business uses a self-service operation, a plaintiff does not have to show that the business owner had prior notice of hazardous conditions stemming from that particular mode of operation. The Court holds that the service of beer is a necessary aspect of running a nightclub, and that this results in wet surfaces. “If the mode of operation rule could be satisfied by bar patrons carrying wet glasses, there would be no effective limitation on the application of the rule.”

Konesky v. Post Road Entertainment, AC 34617 (July 16, 2013)