Posted on 08/02/2021 11:27:47 AM PDT by rickmichaels
The New Mexico Supreme Court ruled Monday that service stations in the state can be liable for selling fuel to intoxicated drivers, making it only the second state in the Union where such liability extends to station operators. Tennessee was the first.
The ruling came down after New Mexico's highest court agreed to hear a request from a federal appeals court to resolve a question of state law concerning the potential liability of a retailer that sold gasoline to an intoxicated driver in 2011. After refueling and returning to the highway, that driver crossed the center line and crashed into an oncoming vehicle, killing its occupant.
The intoxicated driver had a blood alcohol concentration of 0.176 – more than double the legal limit (0.08) in New Mexico – and was arrested for driving while under the influence, vehicular homicide, and driving left of center, according to the case synopsis supplied in the court's ruling, which noted that only one other state — Tennessee — applies the law in such a way to create a “duty of care” for businesses to refrain from supplying fuel to drunken drivers because of the risk of driving while intoxicated.
While there is no law in New Mexico specifically preventing the sale of gasoline or auto parts to a drunk (or otherwise incapacitated) customer, the ruling sets a precedent under the the legal doctrine of negligent entrustment, which outlines the responsibilities of owners of potentially dangerous goods to supply them only to someone competent to safely use them.
While New Mexico has no law that would prohibit the sale of gasoline to intoxicated drivers, the court's majority wrote that a duty not to sell gasoline to someone who is drunk is consistent with liability for giving that person alcohol or a vehicle, and the latter has been recognized in the past by state courts.
In her dissenting opinion, now-retired Justice Barbara Vigil wrote that selling or serving alcohol is regulated and that laws don't warrant extending liability for drunken driving to retail sales of nonalcoholic goods. She noted that “this sea change in the law could have far-reaching consequences for retail businesses,” hence the concern for mechanics, service departments and retail outlets that sell DIY parts.
Vigil also noted that there is little guidance as to the degree to which retailers are responsible for investigating the intoxication of customers or whether that liability will extend to self-service situations that would be far more difficult for attendants to monitor.
The Global Warming crowd has been preparing lawyers for that case for decades. There are lawyers who’s entire course of study has been the class action lawsuit against big oil for poisoning the planet and causing hurricanes.
How about selling gas to a bad driver? Selling gas to a teenager in a sports car? What about selling gasoline to a 99 year old that probably shouldn’t drive?
People in some places think so and want sin taxes or calorie restrictions on food items sold.
What if you drive an EV? Can the power
company be held liable? I can also
invision gasoline retailers administering
breath tests. I don’t condone driving
drunk, but this is nuts.
> What if the driver paid at the pump and didn’t step inside the station? <
That was my question as well. I guess the driver would have to go to the attendant first, ask him to throw a switch to turn on the pumps.
And that’s just crazy. It would force the attendant to evaluate a DUI on the same level as a trained police officer would.
Better that they’d treat a DUI driver as they’d treat an armed felon. And treat a DUI killing as the murder it is.
My daughter is a manager of a gas station / convenience store. Quite a few customers pay for gas with cash. If she were in NM, what would she be required to do? Train all of her employees to do sobriety tests on cash customers? Imagine the confrontations that would occur when a clerk refuses to sell you gas because you “appear” to be drunk. And what if someone doesn’t appear to be drunk but actually is? Is the station still liable for selling gas to them?
>>What if you drive an EV? Can the power company be held liable?
Seems legit
Time for a Federal Lawful Commerce in Fuels Act.
I think this should be a federal case because federal taxes are collected on said gas and therefore the feds technically are also responsible for said DUI’s as well and should then be taking measure not to allow drunks to buy gas. I think this would go Supreme Court!
:: deny service to trannies because they appear to be drunk? ::
I think you may have hit on a real gambit there skywise.
I’m sorry sir, I can’t take your order for a homosexual marriage cake for you because you appear drunk and I don’t want to risk my liability.
I guess I had a knee jerk reaction on this.
Obviously, I missed it. the big picture here is that they drive up the cost of gas by any means necessary.
In this case, by adding either gas station DUI monitoring people. Or by Hugely, increasing liability insurance that will add, large mark ups to the cost of gas. Or both.
Forcing independent gas stations out of business, and eventually instituting a monopoly on state owned/ and run gas stations.
Ultimately, ensuring less and less available gas stations.
making it cost prohibitive to own or drive a petrol based auto.
Sorry, it took me that long to “get it”
This is what happens when you send lawyers to write the laws that define how society works. Business is looking up for lawyers.
Somebody must have the contract to install breathalyzers on the gas pumps.
Who knew the future meant government leadership would be freakishly stupid.
How does a gas station do that, especially with masks or self-serve?
“Sir, you must pull down your mask and breathe in my face so I may know if you are allowed to but gas from us.”
That will have to happen with everyone at the pump.
“My daughter is a manager of a gas station “
So they’ll indict her under RICO for being part of a criminal group of gas stations.
New Mexicans had better get ready to pay extra $ for gas to have human gas attendance pump the gas like in Oregon because they think Americans are too dirty, filthy, and stupid to do it themselves - according to our "betters."
But the point can be made that since New Mexico and the Feds apply taxes to each gallon of gas sold and that the state and the feds have a prevailing interest in collecting such taxes, even if bought by drunks, then they too could be held liable for the damage and death done by a drunk driver.
but gas? Is that a new thing in your area?
It would probably work.
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