A gas station who sells alcohol to a noticeably intoxicated person may be liable for any harm the person causes to another even if they take the alcohol somewhere else to drink it. The Court also created a duty to exercise reasonable care to not sell liquor to a noticeably intoxicated person.
The opinion was issued after a man near Elk City who was intoxicated from drinking throughout an entire day stopped at a convenience store to buy more beer around 9:00 pm before heading to a party.
After leaving the party around 11:00 pm, the man crashed his vehicle into a three car vehicle killing one and injuring two others in it. After police arrived on the scene, the man was measured to have a blood alcohol content of .29g%. That is over three-and-a-half times the legal limit.
The Court held that the gas station had a duty to not sell the man extra beer knowing he was already intoxicated and can be held liable for the death and injuries of the car the man crashed into if a jury finds the gas station violated its duty.
For the full opinion, click the case below:
Boyle v. ASAP Energy, Inc., 2017 OK 82