A limo or taxi cab company, not a common carrier, may now be held accountable to an injured third party for negligence if the driver knew or should have known that a passenger was intoxicated and would likely drive an automobile which would cause injury to an innocent third party motorist.
In other words, if a taxi or limo driver knows or should have known that their patron is intoxicated and delivers that patron to a location where it is obvious or foreseeable that the patron will be operating a motor vehicle, the driver and his/her company will be liable for the harm caused to an innocent motorist.
Absent from the case is what the driver of the limo or taxi cab should do if one of their passengers is drunk. Should the driver call the police? Should the driver take the person home against his will? Should the driver take the person’s keys away? It is likely that this type of case will be a problem for both plaintiffs and defendants.
Commerce Insurance Company v. Ultimate Livery Services, 452 M. 639 (2008)
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
