I interpreted the issue differently and don’t agree with your theory that the issue is over Walmart’s “duty to deny her access.” I believe the Walmart negligence stemmed from not calling the authorities on someone they thought was intoxicated and therefore of diminished mental capacity to safely operate a motor vehicle.
Let’s face it, holding someone liable for their own actions is passe. Particularly here where the driver was probably under suspension and had no insurance. (Don’t even suggest that the government was responsible for not jailing her or the judge. Probably not her first offense.) We should also find out who served her while we are at it. Probably a dram act claim somewhere. Oh yes, how was Wal-Mart to know she was not a passenger or a pedestrian? I guess they should follow every suspicious person around the parking lot. Oh, I forgot they stopped hiring greeters! Does anyone think the police would arrive before she back out of the lot? Buck it up and just pay the increased premium or retail charge.
I am not really a fan of Walmart, but this was a tough situation for them. If they held her for the police, would that be a false imprisonment? Other than possibly a drunk and disorderly, she was not breaking a law being in Walmart. Maybe they could have called store security to follow the person out to the parking lot to see if she was driving, but is that going beyond their responsibility? What if store security was tied up — how would you hold her until they arrived?
So she wasnt a Walmart customer. i don’t see where there is a duty to deny her access if she is drunk.
I interpreted the issue differently and don’t agree with your theory that the issue is over Walmart’s “duty to deny her access.” I believe the Walmart negligence stemmed from not calling the authorities on someone they thought was intoxicated and therefore of diminished mental capacity to safely operate a motor vehicle.
Let’s face it, holding someone liable for their own actions is passe. Particularly here where the driver was probably under suspension and had no insurance. (Don’t even suggest that the government was responsible for not jailing her or the judge. Probably not her first offense.) We should also find out who served her while we are at it. Probably a dram act claim somewhere. Oh yes, how was Wal-Mart to know she was not a passenger or a pedestrian? I guess they should follow every suspicious person around the parking lot. Oh, I forgot they stopped hiring greeters! Does anyone think the police would arrive before she back out of the lot? Buck it up and just pay the increased premium or retail charge.
I am not really a fan of Walmart, but this was a tough situation for them. If they held her for the police, would that be a false imprisonment? Other than possibly a drunk and disorderly, she was not breaking a law being in Walmart. Maybe they could have called store security to follow the person out to the parking lot to see if she was driving, but is that going beyond their responsibility? What if store security was tied up — how would you hold her until they arrived?