Gas station liable

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I heard them talking about it on the radio… but the only sites where I could find more on the story is a pay site… pay to see the rest of the story.

But basically what happened is some drunk stopped to get gas and beer and the attendant wouldn’t sell him beer but sold him gas… he went on to get into an accident and he killed someone. Well they had a scientist do the math and calculations and if he hadn’t gotten gas his car would never had made it to the sight of the accident.

So now the family is suing the gas station saying they shouldn’t have allowed him to buy the gas. If they win its going to mean a whole change for the structure of gas stations. In fact they were talking about it and said it could lead to new legislation holding the gas station attendants criminally responsible for selling gas to someone who is visibly drunk (falling all over, slurred speech ext).

Personally I love this… anything to get more drunks off the roads… I think the penalty for driving under the inelegance should be death… but most don’t so I have to go with the people who will make it a strict as possible.


Edit: Yup the supreme court said yes!!!! yes yes yes!
http://www.tricities.com/servlet/Satellite?pagename=TRI%2FMGArticle%2FTRI_B asicArticle&c=MGArticle&cid=1031784618538

posted by  TheFieroKid

This is BS. If you use this logic you could also find the store liable for selling a gun that kills a person.

Also, if this case does win.... what is going to happen to pay-at-the-pump? Is a gas station going to be liable if the attendant doesn't even talk with the driver?

Too bad financial gains have overshadowed morality in the eyes of the lawyers.

posted by  theman352001

I really dont think the gas station should be liable but they shouldnt sell gas to someone who they know is drunk

posted by  bigdaveangell

Well read the link, in TN they are liable now.

Get rid of pay at the pump... make them all prepaid... hell almost all of them in my area are prepay anyway... and since I dont have a CC i wont see a difference.... and if taking the extra 2 min to go in and pay is gonna get your panties in a tangle... you might want to look into something to clam you.

Your right tho it is like holding the gun shop liable... except you have to go through a back ground check to buy a gun... you dont to buy a car or gas or a drink... but that combo is as deadly as a hand gun.

posted by  TheFieroKid

Actually what the Tennessee Supreme Court found was that the case could be held. Not that the gas station IS liable but that a trial could be held to determine if the station is liable. Legally there is a difference.

.

posted by  theman352001

That's exactly what I thought

posted by  jedimario

well give it time.

posted by  TheFieroKid

geesus, what the hell is happening. its everyone elses fault but your own anymore.

posted by  adamc44

No its the drunks fault too...

posted by  TheFieroKid

thats what i meant. he needs to take responsibiltiy for HIS ACTIONS.

posted by  adamc44

Oh he will... but the girl has a responcablity too... you may not see it... but its a moral and social responcablity... she saw he was drunk, so much so that she refused him beer... but she sold him gas. and she didnt call the cops... I say shes partly responcable... if she didnt sell him gas he wouldnt have gotten to the point of the accadent... if she had called the cops he wouldnt have gotten to the point of the accadent... so you tell me her doing nothing is all right? I think not... if anything this ruling should force all of us to reilize we are all liable and have a responcablity to stop someone when we someone doing wrong... those two people are dead because this clerk said "its not my responciblity"

posted by  TheFieroKid

so, every bar owner should be held responsible aslo, cause every bartender sells beer to people, and he sees they get drunk, and most of the time even if their wasted, he will still sell them beer, and whats stopping them from getting in a vehicle and plowing someone over?

posted by  adamc44

just like sellin pot seeds to grow marijuana...whos at fault the guy who is selling pot seeds or the people growing it... here in canada pot seed sale is legal

posted by  BanffAutoSpa_ap

Uhh... No one. When someone grows or smokes, they're only effecting themselves. It's victimless act. Something involving drinking and driving effects ANYONE who can be on the road.

posted by  abless

I know around here they usually have a couple cops and atleast one cop car outside the bars making sure they either walk/take cabs and also dont fight. In reality, they say if you have reason to believe someone behind the wheel of a vehicle is drunk, try and hold 'em up and call the cops (or its, atleast call the cops), that way you might prevent such occurances from happening. Also, most bars are supposed to have a limit to how much you can sell someone, once that person gets to the point of drunkeness then thats when you stop, its just that not all follow the rules.

posted by  car_crazy89

And here in lies the real question.... At what point are you responsible for other peoples actions.

In my business law class last term there was a case where there was a fight at a bar and a person got hurt really bad. A person went across the street to another bar to use the phone to call for an ambulance. The guy behind the bar refused to let the person use the phone and the guy who was hurt died.

So, is the guy, or the bar he was working in at the time, who refused to let the person use the phone liable for the death of the guy who got hurt?

The answer will follow after this short bit of discussion...........

posted by  theman352001

Depends on what state you live in. In states with the good citizen law... yes... morally yes.

And i think in this particular situation with the guy dying on his floor ya he just might be anyway.

I know id blame him and the guy who hit him.

posted by  TheFieroKid

ok, after checking out some stuff i was wrong on my response. a bar can be held liable for letting a person drive off drunk and kill somebody, but, all they have to do to end their responsibility is post a sticker saying "have a designated driver" at the door, or the bartender offering to get a cab.
i still dont think its right about the gas station, but what are ya going to do ya know.... :banghead:

posted by  adamc44

I have a feeling that the bartender was responsible, because...well he's just guilty...

posted by  chris_knows

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