One More Person To Sue (Everybody's Responsible But The Drunk)
On Consumerist, Mary Beth Quirk links to an NPR story by Tovia Smith about a Boston City Councilor who wants the valet kids to be responsible for whether some guy who's car they're dropping off drives drunk:
City Councilor Rob Consalvo says he decided something needed to be done after a 23-year-old on a scooter was mowed down by a drunken driver in Boston. The driver later said he was "blackout drunk" and couldn't believe that a valet guy actually handed him his car keys."I was stunned. I said to myself, 'Yeah, how could he have?' " Consalvo says.
He says it only makes sense that valet workers withhold keys from drivers who appear drunk. "They are literally our last line of defense," Consalvo says. "If not them, who? They are the ones with the cars and the keys. I just think it's a no-brainer."
Now some 19-year-old who just needs to make some dough for college is a one-man sobriety checkpoint? And it's not like any drunks are going to take a sock at him when he won't hand over the keys.
Commenter Christine I on NPR has a good point:
What about the situation where the customer has had enough to be over the legal limit but not enough to be apparent? My ex-husband was very good at hiding his level of intoxication--should the valet be held responsible for someone like that?
Of course. Heaven forbid we have to take ANY responsibility for our own actions. There must be someone else to blame.
George Carlin knew it as the 'pussification' of America.
DrCos at February 24, 2012 2:41 AM
Well a good valet would prevent a customer for breaking the law. But it comes to responsibility. Sometimes it is not mine or yours to apportion out. I mean it would be nice if people could help people, but it can so blow up. Person is hurt, somebody knows first aid and administers it. Makes mistake and person is killed or crippled shall that person be held responsible.
Maybe the valet gave the key because he thought somebody else would drive it like a spouse. He could have been rushed. Don't they run all over, might now be enough time to get the customer to touch nose and stand on face.
Yet in the "what if" world the valet did protest, but customer could then lie, and say he was getting taxi, fight starts. Managers comes and sides with customer, valet loses job. Better to shut up, give keys and move one.
Once again when do I come my brothers keeper. How about waitresses, what if a really fat person asks for a large portion can not the restaurant give a smaller or healthier meal.
Can a hair stylist ignore a customers request and give them a more in style cut.
How about the Apple can refuse to sell a product to stupid people.
I know jewelery stores can sell an engagement ring with out examination by a couples counselor.
At times I would like to have somebody there to stop me from make a mess or mistake. Guess what most people have their own problems to deal with mine.
John Paulson at February 24, 2012 3:13 AM
I don't think I've ever used valet parking. It's not an issue in non-overcrowded places.
MarkD at February 24, 2012 4:39 AM
The valet is not legally competent to determine someone's level of intoxication or anything else about that person which might impact their ability to operate a motor vehicle.
And the first time a valet makes a wrong call, someone's going to get the shit sued out of them.
How about this - we charge the "blackout drunk" and put him in prison for life.
Sure, he didn't intend to kill someone that night, but he put himself in a position where killing someone was a likely outcome. Sounds like criminally negligent homicide to me.
brian at February 24, 2012 7:10 AM
"Yeah, it's more money," Pavone says. "But hey, you can't put a price on life."
Yes acctualy you can, and governemnts do it all the time
lujlp at February 24, 2012 7:28 AM
Hmm. This case involved that legal drug, alcohol.
Obviously, legalization did not eliminate misuse. In the future, should you insist that another drug be legalized, be sure to say how cases like this are to be handled.
Radwaste at February 24, 2012 7:45 AM
I am really tired of this "I am not responsible for my own actions" crap.
Melody at February 24, 2012 7:57 AM
Did he think this when he asked for his keys or after the fact?
"I was stunned. I said to myself, 'Yeah, how could he have?' " Consalvo says.
If he thought it during, he was conscious enough to know he shouldn't be driving, but then put the responsibility on someone else to stop him from doing so?
Either way, we can't have it all ways. I used to live in Davis and it's a small college town. They used to have people who would pick up drunk people and take them home - for free (or for tips), so they wouldn't drink and drive. There was a number that they called and got home safely. Then some government agency said that it was dangerous because random people could pick up the drunkards because Tipsy Taxi wasn't regulated. Of course, these were other college students who just enjoyed doing it, I guess. They didn't care to be "regulated". So instead of getting the people home safely, all of these people were sent out on their own. Most chose safe ways home, but honestly, some people made stupid decisions.
I just find it appalling that we would regulate out kindness and opt for a potentially more dangerous "regulated" society.
NikkiG at February 24, 2012 8:49 AM
The typical measure of care for dramshop acts, which would be the pattern for any valet liability law, is that the drunk was "visibly intoxicated". If somebody is so drunk that multiple witnesses saw him or her stumble, slur speech or exhibit similar behavior in the view of the valet, the valet would be responsible if he handed over the keys. The actual blood alcohol content would be irrelevant.
I still think it's a bad idea. Unlike a business establishment that serves drinks, a valet can't be expected to know how much alcohol a customer consumed.
Dale at February 24, 2012 9:02 AM
The worst part of all of these fact-specific there-ought-to-be-a-law laws is that there usually already is one. If we want the valet kid to have some responsibility, consider that the restaurant is probably already liable under civil liability law for the valet's actions, and that if he's acting in a way that is unreasonable and giving keys to drunks, it'll cost him a job. And the people who decide whether he should lose job over it are those closest to the situation, with the best access to the relevant facts, rather than pandering politicos. The laws we already have do an imperfect-but pretty fair-job of imposing consequences with some degree of proportionality. But a nicely working system deprives politicians from issues to demagogue, so they undermine it constantly with this crap.
Job security for lawyers, I guess.
d-day at February 24, 2012 9:20 AM
To paraphrase history's first murderer, "Am I your drunken ass's keeper?"
Patrick at February 24, 2012 2:13 PM
By the way, a valet can't legally keep someone's keys. That is, in effect, stealing a car. The valet has no right to keep someone from his property.
Patrick at February 24, 2012 2:33 PM
testing
Amy Alkon at February 24, 2012 3:06 PM
I'm not sure what they hope to gain from this except torturing some poor valet. Even if the victims sue, it's not like the valet is rolling in dough.
MonicaP at February 24, 2012 4:35 PM
So now car theft is legal if it is against somone you can claim you thought was drunk.
Joe J at February 24, 2012 7:48 PM
You can be black-out drunk and seem fine. Black out is not pass out. So do they expect valets to give breathalizers now? Are we going to deputize them to impound cars? Insane.
momof4 at February 25, 2012 5:18 AM
"I still think it's a bad idea. Unlike a business establishment that serves drinks, a valet can't be expected to know how much alcohol a customer consumed."
Yeah, and by that standard, this could be extended way past drinking establishments. If you're a mechanic, when a customer shows up to pick up his car, are you now required to ascertain whether he is sober before giving him the car? What about parking lot attendants? Rental car agencies? Shuttle bus and train drivers? Car washes? Any commercial establishment that has a parking lot?
Cousin Dave at February 25, 2012 12:20 PM
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