SANTA FE, N.M. — Gas stations have a legal obligation not to sell fuel to drivers who are believed to be intoxicated, the New Mexico Supreme Court said Monday in a decision that could have far-reaching effects on businesses and that only one other state applies so strictly.
The divided court outlined a precedent-setting ruling that raises the implication that not only gasoline merchants but other types of businesses — from auto parts stores and tire shops to mechanics — could be on the hook for ensuring they don’t sell products to people who then drive drunk.
The decision notes 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.
The ruling came in response to 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 refuelling and returning to the highway, that driver crossed the centre line and crashed into an oncoming vehicle, killing a person.
Under the legal doctrine of negligent entrustment, the owners of potentially dangerous goods have a responsibility to supply those goods only to someone competent to safely use them. New Mexico courts have recognized in past decisions that the owner of a vehicle who entrusts an intoxicated person to drive it may be liable for injuries caused by the drunken driving.
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. If a drunk semi-truck driver caused you to have an accident, then you might want to contact a semi-truck accident attorney for legal help.
“Gasoline is required to operate most vehicles today. Providing gasoline to an intoxicated driver is like providing car keys to an intoxicated driver,” the majority wrote.
The court reviewed past legal precedents, statutes and other principles of law in reaching its decision. The majority noted that the New Mexico Legislature this year prohibited the sale of hard liquor at convenience store gas stations one county. State law also holds businesses and others liable for selling or serving alcohol to intoxicated people.
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” — from auto parts stores and tire shops to mechanics and others who will be left guessing as to whether they are subject to the new duty.
Vigil added that it’s unclear how much investigation gas stations will have to do to determine whether a person may be intoxicated when trying to refuel a vehicle, particularly when many drivers pay at the pump rather than dealing with a worker inside.
© 2021 The Canadian Press. All rights reserved.
Which will be offset by an increase in shootings.
OR gas thefts..
AND HOW THE HELL is the gas station attendant going to KNOW THE DRIVER IS drunk? ARe they going to be allowed to do breathilizer tests on everyone they sell to?
OR HERE’s a good idea.. HAVE COPS SIT IN THE PARKING LOTS OUTSIDE OF EVERY DAMN BAR and stop folks who come OUT DRIVING In the first bloody place!
And how are the authorities going to know which station sold them the gas and whether it was purchased before or after they were drunk?
“WHY WORRY about facts. Just make it up as we go along.. LIKE WE DO WITH everything else!!”
DUUURRR!
Seeing how 99% of gasoline sales are self-service, how is the owner to know if the person is drunk?
I guess it doesn’t matter to Democrats, the owner should have a duty to know.
When will a candy store be held responsible for selling candy to a fat kid who gets sick from eating to much candy and dies??
Well scruffy, we’ll just have to institute forced hiring at minim wage what was that $50 per hour by the end of bin biden’s term. That will help fix the economy and make more jobs to be filled. Who will take this job?
When will a candy store be held responsible for selling candy to a fat kid who gets sick from eating to much candy and dies??
OR who winds up becoming diabetic?
Hell, is the gas station attendant going to be required to try and SEIZE the keys of said ‘potentially drunk driver’?
Well how the heck did they get to the gas station in the first place?
Really?????
What is next? Not making it illegal to sell gasoline to trucks used for human trafficking.
Is this satire? Are these fools insane?
New mexico is ruled by dems. SO YES THEY ARE INSANE…
The growing abject stupidity in this country is simply amazing. Keep going back and trying to blame someone else for anything that happens. Well, you could make Ford responsible for a bank robbery. You could make Mercedes liable for a police chase. Let’s not stop there. If you go back all the way, it’s the mother’s fault for having that child. If she hadn’t given birth to him he wouldn’t have (killed,shot,robbed,raped,etc). Yep. It’s the mom’s fault. Sue her. Put her in prison.
Hold on Patriot, what about the Baby Daddy – he got her pregnant!
Hell, what about THEIR grand parents of both the babby daddy and mamma.. HAD THEY NOT GIVEN BIRTH to those 2 idiots, THEY WOULDN’T have had the moron ofspring that did the DUI!
Actually it’s the States’ fault because of their lax DUI laws.
So many get a slap on the wrist. Some countries have a mandatory 30 days in jail when caught BEFORE the charges and trial and possible lengthy prison terms. So many of the traffic deaths are by a drunk driver that had been arrested MULTIPLE times for DUI but was back doing it yet again. These states need to re-evaluate themselves and quit trying to pass it off on bartenders and gas stations.
Follow the money – businesses have liability insurance whereas many or most DUI-types have nothing in the way of assets to seize…junk car, clothes on their back, or a low wage job to garnishee?
Exactly.. ALL too often i see news reports of someone having a THIRD, fourth, fifth, hell, even EIGHTH DUI arrest, and STILL THEY ARE NOT SENT TO JAIL, or see their car SHREDDED or crushed..
OOOOHHHH–are we going back to gas station attendants who give one and all a breathalizer test?? Just another libtard idea that appeals to them for it’s absurdity, stupidity and intrusive big brother babysitting until the reality of implementation sets in which will result in lots of money and total failure. These people can never concentrate on anything but how to make other people’s lives miserable. And we PAY them to do it!!!!!!
Just another unconstitutional abuse of power to get some big money from someone besides the one actually at fault since your average driver, drunk or otherwise, isn’t ultra rich & either isn’t insured or only has minimum coverage.
It’s a never ending game of “whoever has the big bucks must be held financially liable” .
Wonder if national cell phone providers will be held liable for driver using phone accidents?
What we need is ability to personally sue judges & elected officials for violent crimes committed by the career criminals that they refuse to prosecute &/or keep imprisoned even after they have been convicted multiple times.
.
Don’t knock it.. SOONER OR LATER some dumb a&& liberal will TRY THAT angle…
and automobile manufactures will also be held liable for drivers that operate under the influence, they should not have sold a car to people that abuse alcohol or drugs
Interesting concept except with self-serve being the norm how is it to be done, does the court have a method to impliment its ruling or just a we’re doing something move? Will there be an unsanitary breathalizer tube to blow in when every driver pulls up to the pump?
LIKE with most things, its a “DO Something so we appear to be working on the problem, but it won’t actually DO ANYTHING TO SOLVE A damn thing”…
I’m waiting for the manufacturers of high end athletic shoes like Nike be held accountable for all the violent crime committed in black neighborhoods. When a thug holds up a liquor store or performs a drive by shooting at a school yard, he naturally was enabled by wearing shoes that were marketed solely to his marketing group .
Don’t ever try to hold your breath, waiting for that to ever happen.