Gas Station May be Liable for Selling Gas to Drunk Driver

Michael Myers
Attorney
(866) 735-1102 Ext 580
Posted by Michael MyersApril 03, 2006 7:50 AM

In Tennessee, a driver staggered into the gas station to buy beer. The gas station clerk, smelling alcohol on his breath, refused. The driver then paid $3 for gasoline. Due to his apparent difficulty in pumping his own gas, an off-duty employee pushed the correct button for the fuel. The clerk then activated the pump. The driver filled up $3 worth and drove off. A few miles away, the driver struck another car head on. Authorities determined that had he not gotten the fuel, he would have run out of gas a mile before the accident scene.

The Tennessee Supreme Court held that the lawsuit against the gas station for the victims' injuries could go forward because the employee owed a duty of reasonable care to people on the roadway. This included a duty not to sell gasoline to an obviously intoxicated driver and/or assist him with the pumping of his gas.

If you have been injured by a drunk driver, you should contact a personal injury attorney right away to preserve your claims. A personal injury lawyer is skilled at determining those liable for your injuries.

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