John Y’s Musings from the Middle: Suing My Tailor

I’m thinking of suing my tailor under the Dram Shop Act

A good lawyer, I’ve always been told, is one who can effectively use precedent from one area of the law and apply it by analogy to a new area of the law.

This morning at the coffee… shop I saw the gentlemen who has for years sold me clothing at Jos Banks. Not only does he sell me my clothes but he measures me and suggests the exact alternations for each article of clothing I buy that needs alternation. Over the course of the past 5 years I’ve probably spent $1000 on alterations alone.

And here’s the rub.

Under The Dram Shop Act (most states have such laws), the owner of an establishment selling liquor has a responsibility to its patrons not to serve them alcohol after they are clearly intoxicated. Most states allow for recovery when the defendant owner knew (or should have known) the customer was intoxicated but continues to serve him alcohol anyway.
Now, back to my Jos Banks example. For 5 continuous years I have advised the tailor NOT to let out my waistline as much as he suggests I should because “I’m going to lose 5-10 pounds and the pants will fit perfectly then.”

And for 5 years he was watched and this has never, ever happened. Yet he continues to give in to me even though I am essentially in an inebriated state of mind when it comes to projecting my weight loss and waistline. And inevitably I bring the pants back 3-6 months later and have the waistline taken out and pay another $10-$20.

Have any others ever been injured by this act of negligence? Not really, of course. Certainly nothing compared to the horrific accidents that can happen when excessive alcohol is involved. But I have been forced to pay double for every new pair of pants I buy to be altered not once but twice. And I think the store owner is taking advantage of my vanity, delusional perspective and aspirational thinking. And making me a danger to myself, at least where estimating my waistline for tailoring purposes are concerned.

There just has to be a remedy for this injustice. And Justice, after all, is symbolized by a blind woman holding out a scale. Demonstrating the importance of not taking advantage of people where scales are involved.