There goes the "pay-at-the-pump" option if the idiot court holds the station owner responsible; won't do much for pump first-pay later, either.
If I'm walking down the street and a drunk pulls over and asks me for directions, am I liable if I tell the route, and then an accident occurs along that route?
Actually, I saw a drunk guy at a service station once and took his keys. There is no way I would sit idly by and watch a clearly drunk person drive away if I had the power to easily stop him.
This sort of reminds me of what happened in the movie Spiderman when he let the theif go. He paid later, but it could have been someone else just as easily.