My first impression in reading the the blurb for this story was annoyance. After reading the details, I’m not so sure.
Sarah and Jasmine go out for a night on the town. Sarah is underage to drink. Jasmine offers to be the designated driver. Sarah gets drunk. Jasmine drives the car only as far as her own house, then gives the drunken, underage Sarah the keys.
Sarah then proceeds to plow into Doris, who will probably never fully recover.
Doris suing Sarah and Jasmine. But, more importantly, Sarah is suing Jasmine for backing out on her commitment to be a designated driver. UPDATE: My mistake. Doris is doing the suing. The same principles pertain, though.
Now, frankly, if the facts are as presented (and I suspect we’re hearing here mainly Doris’ side of things), I don’t think either Sarah and Jasmine have much ethical standing in the argument.
But legally, aside from taking out the underage Sarah for drinks, how much responsibility does Jasmine have to live up to a verbal agreement to be a designated driver? And is that responsibility just to Sarah, or to anyone that Sarah might harm?
Because the thing is, once we make that commitment to be a legally binding contract, it makes the whole designated driver thing a lot more problematic, both in cases like this and in others.
Let’s say I’m going out with friends, and I agree to be the designated driver. Then, while we’re eating, I say, “Hell with it, I’m going to have a glass of wine.” Nobody objects. Then, on the way home (and after more than a single glass), I get us in an accident.
Can I be sued for being a bad designated driver?
If they knew I was drinking and didn’t object, did we all agree to void the contract?
If Bob egged me on to have “just one drink,” does he lose his standing to sue me for his injuries?
What if I get separated from the others, look around for a while, and then go home — and they get into an accident. Am I still liable?
Given that I know they’ve been drinking, I know their capacity for judgment is diminished — to what degree have I placed myself as their guardian, responsible for what they do?
Yeah, in terms of what’s right and wrong, it’s a lot clearer. But in terms of what we want to make legal and tortious … I’m not so sure.
Because what the end result may be is nobody agreeing to be a designated driver, just in case they later change their mind or circumstances change. And that would be a shame, because the designated driver concept is one that’s been a real boon, I think.
Shoot. Under Colorado State law Doris is missing out on some more Bucks. She should also include the Bar and Bartender that served Sarah.
I think that you enter into a grey area on the whole “Bad” DD thing. It’ll be interesting to see what the judge decides.
And what would happen if you added that to the whole “Good Samaritan” law thing. Failure to provide aid. Could your getting separated constitute a failure to provide aid. Also, does a verbal contract like that stand up in court. Maybe their needs to be DD cards handed out, signed, dated, lost, found, and filed.
Sigh, yes the DD will be missed by those of us that live in area’s that do not have Public Transportation.
On an interesting note, here’s an article about the cops in Virginia going into bars, nabbing people at random for field sobriety tests, and then slapping them with misdemeanor public drunkenness charges (since Virginia considers bars to be public places) — particularly pernicious, because the public drunkeness laws don’t have any particular blood alcohol level specified for them.
Yes….Read that last week. The next step up from arresting people who are walking (with drivers license and car keys in their possession) for Drunken Driving.