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Monthly Archives: November 2017

New Oklahoma Supreme Court Opinion Dramatically Expands Legal Liability of Convenience Stores Related to Assessing the Intoxication Level of Customers Prior to Sale of Alcohol

Nov 1, 2017 - Court Decisions by

The Oklahoma Supreme Court has recently issued an opinion that will dramatically expand the potential liability of convenience stores (and other retail establishments) that sell alcohol to the public.  In that case, the Court concluded that a convenience store can be held liable when a noticeably intoxicated customer buys alcohol at the store, and then consumes that alcohol off-the premises, and then drives a vehicle and causes injury to a third person.  See Boyle v. ASAP Energy, Inc., 2017 OK 82, 2017 WL 4782999.  The third person who is injured by the customer’s “off-the-premises” intoxication now has a claim against the convenience store. In Boyle, an individual consumed 14-16 beers at a golf tournament and a “sip of moonshine.”  He left the golf tournament at 2:00 p.m., and returned home at 3:20 p.m.  He then grilled chicken at home, and drank 4-5 beers, 3-4 shots of vodka and an additional sip of moonshine.  He went to the “Fast Lane” convenience store (the defendant in this case) at 5:17 p.m., and bought a 9 pack of low point beer and cigarettes.  He then returned home, and then left his house at approximately 9:00 p.m. to attend a party elsewhere.  He made it to the party, had another shot of vodka, and let around 11:00 p.m.  This was 5 hours after he purchased the beer at Fast Lane.  At that time, he ran a four-way stop at a high rate of speed and collided with another vehicle.  He killed one person, and […]

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