Fuel stations have a authorized obligation to not promote gas to drivers who’re believed to be intoxicated, the New Mexico Supreme Court docket stated Monday in a call that would have far-reaching results on companies and that just one different state applies so strictly.
The divided court docket outlined a precedent-setting ruling that raises the implication that not solely gasoline retailers however different forms of companies — from auto elements shops and tire retailers to mechanics — could possibly be on the hook for making certain they do not promote merchandise to individuals who then drive drunk.
The choice notes just one different state — Tennessee — applies the legislation in such a approach to create a “obligation of care” for companies to chorus from supplying gas to drunken drivers due to the danger of driving whereas intoxicated.
The ruling got here in response to a request from a federal appeals court docket to resolve a query of state legislation regarding the potential legal responsibility of a retailer that bought gasoline to an intoxicated driver in 2011. After refueling and returning to the freeway, that driver crossed the middle line and crashed into an oncoming car, killing an individual.
Underneath the authorized doctrine of negligent entrustment, the house owners of probably harmful items have a duty to provide these items solely to somebody competent to securely use them. New Mexico courts have acknowledged in previous choices that the proprietor of a car who entrusts an intoxicated individual to drive it could be chargeable for accidents brought on by the drunken driving.
Whereas New Mexico has no legislation that might prohibit the sale of gasoline to intoxicated drivers, the court docket’s majority wrote {that a} obligation to not promote gasoline to somebody who’s drunk is in line with legal responsibility for giving that individual alcohol or a car.
“Gasoline is required to function most autos right now. Offering gasoline to an intoxicated driver is like offering automobile keys to an intoxicated driver,” the bulk wrote.
The court docket reviewed previous authorized precedents, statutes and different rules of legislation in reaching its resolution. The bulk famous the New Mexico Legislature this yr prohibited the sale of arduous liquor at comfort retailer fuel stations in a single county. State legislation additionally holds companies and others chargeable for promoting or serving alcohol to intoxicated individuals.
In her dissenting opinion, now-retired Justice Barbara Vigil wrote that promoting or serving alcohol is regulated and that legal guidelines do not warrant extending legal responsibility for drunken driving to retail gross sales of nonalcoholic items.
She famous that “this sea change within the legislation may have far-reaching penalties for retail companies” — from auto elements shops and tire retailers to mechanics and others who might be left guessing as as to if they’re topic to the brand new obligation.
Vigil added that it is unclear how a lot investigation fuel stations should do to find out whether or not an individual could also be intoxicated when attempting to refuel a car, significantly when many drivers pay on the pump relatively than coping with a employee inside.
