Designated Driver Sued By Drunken Passenger Who Jumped Out Of The Moving Car...

[archnew2]

This is just crazy. Blame the good samaritan. Shouldn't people be responsible for their own actions?

http://www.theglobeandmail.com/news...le-for-intoxicated-passengers/article1585217/

 

[musicismyhottsexx]

Is it April fools' day today?, this has to be a joke.

 

[Johnsdaives]

Not according to the lawyers waiting to see how the judge or court rules.

 

[carrie_adams19]

And the world gets crazier, what would they think of suing next?

 

[sunnySindhi]

The concept of personal responsibility is going the way of the dodo.

 

[elaine1]

Yes but why should "I" the individual be responsible for others' actions.

 

[H0oLiGaN]

That's my point, you're not. The idiot threw herself out of the car, it's her decision and her responsibility, not the driver's. Intoxication is not an excuse, because she CHOSE to be intoxicated in the first place.

This whole "I'm drunk/taking drugs/didn't know better" defense and the expectation that others around me should be blamed for my actions mentality is seriously making me hate people.

 

[starsky_1212]

How about bars being responsible for drunk drivers' accidents and deaths or is this another subject all together.

 

[DueNov17th2009]

Nope. Same idiotic mentality, and difficult or even impossible to enforce. The onus of the behaviour is on the individual, not those around them.

 

[Visions of Codeine]

Bottom line is that sleazy lawyers will do anything for money. Hey if we have lawyers here......sorry.

 

[Phantom]

There of course is a cure to all the alcohol issues out there.
Start by suing the ALGC for making wine beer and alcohol available.
Eventually if we keep shifting the blame further and further up the food chain thats where we end up. In the case of a bar being sued for allowing someone to drink and drive, the bar can retort with "HEY! The LLBO should have KNOWN that I was going to eventually sell a drink to a drunk! They are responsible!"
Then we'll see how long that shit lasts.
By the way - are you aware that if a drunk guy were to walk into a bar and is refused a drink, it is still the bar owner's responsibility to take make sure the guy doesn't drive away?

 

[Falling Star]

Thought this looked familiar, it was a recent decision on a motion in the Superior Court

http://www.canlii.org/en/on/onsc/doc/2010/2010onsc3000/2010onsc3000.html

The judge threw out that part of the lawsuit where it was alleged that the designated driver was supposed to monitor the injured girl's drinking while at the party.

The judge left it to a trial as to any liability or damages based on what happened in the car only.

The case will depend upon things such as;
what did the driver do when she said she was going to jump out.
when did she take off her seatbelt / was it ever done up
was it even safe to stop and pull over even if the driver wanted to
etc etc etc

This is undoubtedly a case between the insurance companies for the driver and the girl.
The people are named as the parties but it is all about the insurance companies figuring out which one of them has to pay her

He has insurance as the car driver; she probably has insurance on her own car and that policy will cover her even though it was not her car and she was not driving. But her company wants the driver's to pay a portion.

This is just standard insurance law and has nothing to do with either him or her trying to get away with anything.

 

[sol]

You the man lagavulin.