Should Gas Stations Be Liable for Drunk Drivers?
In many states, bars and clubs are liable if they serve a noticeably drunk patron who then goes on to injure someone else in an accident. But can other businesses that provide service to drunk drivers be held liable? New Mexico and Tennessee say yes.
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This month, the New Mexico Supreme Court ruled that gas stations who knowingly provide gas to intoxicated drivers can be punished if those drivers injure other people or property. According to Rob Stumpf of The Drive, “the court ruled 3-to-1 that gas stations have a ‘duty of care’ to not allow individuals who are intoxicated to purchase fuel.”
I understand that New Mexico wants to do everything it can to stop drunk drivers and discourage anyone from enabling them, but this ruling could make things very complicated. Bars and restaurants have a bartender or waiter pouring the drinks, and they can monitor patrons. However, gas stations let people pump their own gas (with the exception of New Jersey and Oregon). Will they have to require owners to monitor the pumps and refuse service to anyone wobbly on their feet?
The ruling’s use of the word “knowingly” could help these small business owners avoid liability if a driver never interacts with shop staff. Future cases will determine how closely customers will need to be watched, which has to be nerve-wracking for any gas station employee.
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New Mexico and Tennessee may be the first states to hold gas stations accountable, but they may not be the last. It will be interesting to see if this changes how gas stations are run.
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