Gimme your keys or I'll call the cops!

You may have read about the woman that just won almost $300,000 against her employer for injuries she suffered after she drove home drunk and got into an accident. 

Linda Hunt had several drinks at an office party.  She left the party and refused an offer by her employer to call a cab for her, at the employers expense.  She also refused offers from co-workers.  She went from the party to a pub, where she had 2 more drinks.  She drove home, got into an accident and suffered serious and permanent injuries.

She sued her employer and the pub.  The pub is out of business and has no money.  Her injuries and damages were assessed at over $1.1 million.  She was found to be 75% at fault for her injuries and the employer and pub jointly 25% responsible.  That means that the employer has to pay her $281,000 plus costs and interest.

The media quoted her as saying she was ecstatic.  No kidding!  She should be ecstatic.  She just won the judicial lottery. 

The court found that the employer should have removed her keys from her and either forced her to accept a ride in a cab or call the police on her.  Really?

Recently, in Durham, there was a fellow who was rip-roaring drunk and showed up at a friends house in his truck.  He made it clear that he was going to drive further from there.  The friend saw a police cruiser parked at a school down the street.  She called 911.  They said that they would not dispatch anyone unless he drove away.  He did drive away, the police in the schoolyard did not catch him, and he caused a serious accident (killing someone, I believe).  

This case simply goes too far.  It is impractical and inappropriate to hold the employer to the same standard as a bar.  Bars sell alcohol to make money.  They should bear responsibility for over-serving.  An employer that has a party for the staff is not making money on the party. 

Taking the keys away from someone is theft and would probably also be assault.  It is unreasonable to expect a party host to have to do that.  It is more unreasonable to expect a host to start calling the police to report that his or her friends/co-workers/employees are about to drive drunk.  It is also unreasonable to force every employer who has a private staff function to start hiring professional bartenders to serve the drinks.

I think the case will be appealed.  I hope the appeal is successful.  Anyone who overdoes it at an open bar, repeatedly refuses offers of a ride home and then leaves the party to have more drinks elsewhere does not deserve to win.

Its called responsibility.  Lets not become like our neighbours south of the border, where no-one takes responsibility for their actions and every accident spawns a lawsuit.  If you trip over your own two feet and become paralyzed, its your own fault.  Why should it be any different if you get plastered, refuse a ride and seriously hurt yourself when you wreck your car? 

By the way, she was convicted of drunk driving.  Maybe the $300G will help pay her cab fares while her licence was suspended!