Question from a friend: If a library has a policy of putting out intoxicated patrons, what is the legal responsibility to be sure they do not get behind the wheel of a car when they leave?
Response: As you know many states have dram laws that put liability on the bar or host that serves liquor. I don't know of any states that put liability on places that aren't serving the liquor, but I may be missing something. I wouldn't recommend helping the soused patron into the car... Anyone else want to comment?
I think that a library and its employee could be liable if the employee were negligent. The dram shop laws make bars liable if the bartender is negligent in serving a patron whom he should have known could cause an accident. Similarly, if the library employee should know that putting out an intoxicated patron may result in his getting behind the wheel, then he or she should call the police (unless the patron suggests someone else to call) to drive him home. If the employee has no reason to know that the patron will get behind a wheel, then I see no basis for liability. Take this for what it is worth, as I did no legal research before writing it.
Posted by: Henry | February 01, 2006 at 06:45 PM