Why not extend the duty to predict the outcome of any malovent event. Here in MN within the last few weeks, two intoxicated adults fell asleep outside, one died, the other was nearly frozen solid when found. She survived. Her “roomates” had dropped her off earlier that evening but never made sure she found her way into the house they shared. She was found the next morning half alive on the porch. Are we at a point whee the roomies should be held accountable for their “in”action? Should we blur the lines willy nilly?
Too bad isn’t it? It might ruin the reputation of Las Vegas. With the State of Nevada being a 24 hour town, they should be the first to step up and implement this law. Sad.
I respectfully disagree with your analysis, and your caricature of plaintiffs’ lawyers. The same ugly and sometimes true things could be said of big business and insurance lawyers – a la Martin Short’s Nathan Thurm on SNL.
Jane Modlesky was in a car with four boys. She was not, initially, the driver of the car. The driver dropped off one boy, then got out at his own home and turned the car over to one of the two remaining boys. Those two boys then drove to where they wanted to go, then turned the car over to Modlesky, who they knew was drunk.
The boys who gave the car keys to the drunk Modlesky were charged with second-degree reckless endangerment. The point here is that those boys were already in possession of the keys and custody of the car. They didn’t fail to act – they gave the keys to the drunk driver knowing full well that she would drive the car while severely intoxicated.
Four boys were willing to use Modlesky’s car to get home (knowing that Modlesky was too drunk to drive them on her own). Rather than dropping Modlesky at her house and then driving to their own homes, the boys drove to their own homes and then left Modlesky to her own devices. Turning over the car and keys to one whom you know is impaired and whom you know is going to drive is an affirmative act, not an omission.
If she were my daughter I’d want those last two boys punished for their ACTIONS. If those were my sons I’d be embarrassed to share the same last name.
Wait, you’re not suggesting that facts be allowed to derail a good Republican rant about personal responsibility are you? You know, that doctrine that applies to everyone except politicians, bankers, and the filthy rich are you?
What ever happened to parental responsibility? Why are the parents not being charged? A 17year old goes to a party where alcohol is being served and the parents have no idea? Be involved in your childs life, know their whereabouts, who will be at the home, what type of party is it? Talk to your kids and make sure you and they know the importance of not drinking and driving and of calling for a ride if they do happen to drink. As parents we assume that it won’t happen to our child….it can happen to anyone. Stay involved and COMMUNICATE with your child.
With the greater statement of the facts as set forth in your comment, I whole heartily agree that the two boys who were driven home and gave the obviously drunk Modeelsky the keys, rather than asking her in (as gentlemen, not taking advantage of her), calling her parents, or, as required by dram shop laws of bars, calling a cab for her, were certainly negligent, if not criminally liable for her death.
I am not a criminal attorney or a negligence attorney, but is just makes common sense. If the boys drove, they had to be aware of her intoxication. Why would they, now safe at home, give her the keys knowing she was drunk-as-a-skunk.?”
As a defender of insurance companies I can well understand the writer’s disgust with jury verdicts for the woman who won millions from McDonald’s after placing a hot cup of coffee between her legs and proceeding to drive. I see a clear distinction between someone, like this woman with the hot coffee, being stupid (I do not care that it was extra hot. There are cup holders in cars for the very purpose of avoiding that type of accident.), and this type of failure to take the keys from someone so drunk her BA was almost to the point of alcohol poisoning.
I’m a middle aged homeowner. Yesterday a 24yo drove to my home, unexpected and unannounced, entered the home at 9am without knocking, staggered to the room of his “friend”, and promptly passed out on my hallway floor. When he was revived a few minutes later he proclaimed that he was only visiting and needed to leave right away. All attempts to offer a ride home or a place to sleep it off were aggressively refused. When he attempted to get back to his car to drive off, as police were called but there was no time for them to arrive, I felt it was my civic responsibility to push him to the ground and restrain him while his friend pried the keys from his hands.
As a result, I have potentially exposed myself to charges of assault, illegal imprisonment, and even property theft.
Had I not restrained him and permitted him to break the law and pass out at the wheel resulting in death or injuries, as the homeowner at the point of his departure, with both the knowledge and ability to act, I might also have been held liable and certainly lambasted as irresponsible in the local press.
As a layman struggling with this dilemma the morning after I am comforted by the popular interpretation of a line from our constitution by Cage in the movie National Treasure.
“If something is wrong those with the ability to take action have a responsibility to take action”.
It might be argued that the 2 boys discussed in this article were equally drunk, had risked their lives in the same car, and were not truly able or mature enough to understand the problem and take action.
But for citizens to live in fear of liability when they take action to prevent a crime reflects poorly on the health of our society.
My 22 year old sister left a club completely intoxicated with a young man and her friend, her DD. The young man was drunk and the girls tried to get him to let them drive him home, but he didn’t want to leave his car. He persuaded my sister to ride with him, she declined. He drove off in front of the girls and was driving so erratically that my sister’s DD told her to call him and tell him to stop driving like that. Before this call could be made, the young man flips his truck, is ejected from said truck and then it rolls over inevitably killing the young man.
Does the sober or drunk girl have an obligation in this scenario? At what point is turning a blind eye to a drunk driver acceptable? it use to be friends don’t let friends drive drunk, now you’re a rat if you try to stop them or call the cops.
After reading this article and seeing the legal recourse good people were met with in trying to prevent a death or tragedy all I can say is you can’t take matters into your own hands, b ut you can pick up your cell phone and make a call to someone who can do something about a drunk driver and not be met with legal threats and more henious court accusations.
Maybe this is a news flash to this ignorant country but ANYONE can call the emergency or NON-Emergency line and make an anonymous report. Why would you not do this?
Everyone’s in such a hurry to cover their own but that no one ever does the right thing, they simply do the selfish, easy thing which is turning a blind eye until tragedy strikes. When a young person dies because of drunk driving and sober and intoxicated persons let him do so – where does the blame fall?
Letting someone drive drunk isn’t just about that person endangering themselves, it’s also about who they may hurt or kill in that process besides themselves. If a drunk driver hurt one of my 5 children, rest assured I would not rest if someone knowingly let that person drive drunk. Social Responsibility exists and not just for corporations and businesses.
My son, & two others, lost his life in a car accident in which he was the driver but it was not his car. Alcohol is suspected, but we don’t have toxicology reports yet so we don’t know if that was the cause. The road was dark, narrow, & curvy county road. There were five people in the car, the only ones that survived the accident were the owner of the car, in the passenger seat, and the individual sitting directly behind him. My first question to the owner of the car was why was my son driving your car. I don’t question my sons passing. I believe in God & His Devine plan, I am concerned about where the responsibility lies for replacement of the lost vehicle & the other lives lost & wether they had families depending on them for support & who is responsible for them now.
I took the keys from my son because he was too intoxicated to drive, and had been a DUI driver in a very serious accident that caused life endangering injuries to three people. So he becomes angry and viciously attacks me while I am laying in bed. He threw punches and kicks and began throwing heavy objects at my head. I was trapped, he was between the bed and the door. I go fight and flight, threw a wild punch hitting him squarely in the nose causing a severe nose bleed. I blocked most of his punches with my forearms and legs. I am now charged with a class 3 felony of malicious wounding! I’m 57 never been in trouble with the law. He is 27 and 10 pounds heavier and more muscular. I just got out on bond after serving 15 days. That is very hard on a 57 yr old grandfather with spinal problems. There is no place in jail that is comfortable to sit or lay down on. No pillows. Now I’m facing minimum 5 yr….maximum 20 yrs in jail! I can’t tolerate the painful prison conditions. What’s up with our justice system? What would you do if you were me.
A friend ? Oh yeah. A complete stranger ? Where i live that is a good way to get yourself killed. When it happens it changes from “duty” to “well, he should have called us, what kind of idiot walks up to a complete stranger and demands ANYTHING ?” A now dead idiot.
I liked your article except where you stated: “…The 2,000-page Affordable Care Act, virtually-limitless unemployment benefits, debtor-friendly bankruptcy laws, and fair debt collection practices laws, which make it difficult to collect money owed, all contribute to a legal environment which facilitates the death of personal responsibility.” You got off track by blaming this on the ACA, without making any connection, or showing, between the ACA and the lack of responsibility. Oh did you mean that folks are no longer taking responsibility for their own healthcare and are instead “looking for a handout?” You sound like Paul Ryan who doesn’t get it either. It is one thing to deny a persons duty to another or at least discuss whether a duty is owed, but the thrust of the ACA and the need for such legislation is that we have a collective responsibility to ensure that we do this for “the least among us”…sounds like Christian values? the same “values” that the prosperity gospel ignores. Don’t trash the ACA to make a point like this; your are only showing your own bias.
This is a very serious issue that continues to pop up when it comes to people wanting justice for the actions of drunk drivers. It is so important to secure counsel if you find yourself facing DUI charges or any other related charges associated with a DUI accident. An experienced DUI attorney will be able to explain your rights, your best defenses, and possible sentences you may face so that you can make a solid plan for yourself. Thank you for sharing this insightful information. Hopefully your readers take it to heart that they need to be aware of their surroundings, and their own behavior, when alcohol is involved.
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Why not extend the duty to predict the outcome of any malovent event. Here in MN within the last few weeks, two intoxicated adults fell asleep outside, one died, the other was nearly frozen solid when found. She survived. Her “roomates” had dropped her off earlier that evening but never made sure she found her way into the house they shared. She was found the next morning half alive on the porch. Are we at a point whee the roomies should be held accountable for their “in”action? Should we blur the lines willy nilly?
I completely agree. Well-reasoned and written article. Thanks.
Nevada is one of those states that does not have a dram shop law.
Too bad isn’t it? It might ruin the reputation of Las Vegas. With the State of Nevada being a 24 hour town, they should be the first to step up and implement this law. Sad.
I respectfully disagree with your analysis, and your caricature of plaintiffs’ lawyers. The same ugly and sometimes true things could be said of big business and insurance lawyers – a la Martin Short’s Nathan Thurm on SNL.
Jane Modlesky was in a car with four boys. She was not, initially, the driver of the car. The driver dropped off one boy, then got out at his own home and turned the car over to one of the two remaining boys. Those two boys then drove to where they wanted to go, then turned the car over to Modlesky, who they knew was drunk.
The boys who gave the car keys to the drunk Modlesky were charged with second-degree reckless endangerment. The point here is that those boys were already in possession of the keys and custody of the car. They didn’t fail to act – they gave the keys to the drunk driver knowing full well that she would drive the car while severely intoxicated.
Four boys were willing to use Modlesky’s car to get home (knowing that Modlesky was too drunk to drive them on her own). Rather than dropping Modlesky at her house and then driving to their own homes, the boys drove to their own homes and then left Modlesky to her own devices. Turning over the car and keys to one whom you know is impaired and whom you know is going to drive is an affirmative act, not an omission.
If she were my daughter I’d want those last two boys punished for their ACTIONS. If those were my sons I’d be embarrassed to share the same last name.
Wait, you’re not suggesting that facts be allowed to derail a good Republican rant about personal responsibility are you? You know, that doctrine that applies to everyone except politicians, bankers, and the filthy rich are you?
What ever happened to parental responsibility? Why are the parents not being charged? A 17year old goes to a party where alcohol is being served and the parents have no idea? Be involved in your childs life, know their whereabouts, who will be at the home, what type of party is it? Talk to your kids and make sure you and they know the importance of not drinking and driving and of calling for a ride if they do happen to drink. As parents we assume that it won’t happen to our child….it can happen to anyone. Stay involved and COMMUNICATE with your child.
With the greater statement of the facts as set forth in your comment, I whole heartily agree that the two boys who were driven home and gave the obviously drunk Modeelsky the keys, rather than asking her in (as gentlemen, not taking advantage of her), calling her parents, or, as required by dram shop laws of bars, calling a cab for her, were certainly negligent, if not criminally liable for her death.
I am not a criminal attorney or a negligence attorney, but is just makes common sense. If the boys drove, they had to be aware of her intoxication. Why would they, now safe at home, give her the keys knowing she was drunk-as-a-skunk.?”
As a defender of insurance companies I can well understand the writer’s disgust with jury verdicts for the woman who won millions from McDonald’s after placing a hot cup of coffee between her legs and proceeding to drive. I see a clear distinction between someone, like this woman with the hot coffee, being stupid (I do not care that it was extra hot. There are cup holders in cars for the very purpose of avoiding that type of accident.), and this type of failure to take the keys from someone so drunk her BA was almost to the point of alcohol poisoning.
Andrew, I agree.
I’m a middle aged homeowner. Yesterday a 24yo drove to my home, unexpected and unannounced, entered the home at 9am without knocking, staggered to the room of his “friend”, and promptly passed out on my hallway floor. When he was revived a few minutes later he proclaimed that he was only visiting and needed to leave right away. All attempts to offer a ride home or a place to sleep it off were aggressively refused. When he attempted to get back to his car to drive off, as police were called but there was no time for them to arrive, I felt it was my civic responsibility to push him to the ground and restrain him while his friend pried the keys from his hands.
As a result, I have potentially exposed myself to charges of assault, illegal imprisonment, and even property theft.
Had I not restrained him and permitted him to break the law and pass out at the wheel resulting in death or injuries, as the homeowner at the point of his departure, with both the knowledge and ability to act, I might also have been held liable and certainly lambasted as irresponsible in the local press.
As a layman struggling with this dilemma the morning after I am comforted by the popular interpretation of a line from our constitution by Cage in the movie National Treasure.
“If something is wrong those with the ability to take action have a responsibility to take action”.
It might be argued that the 2 boys discussed in this article were equally drunk, had risked their lives in the same car, and were not truly able or mature enough to understand the problem and take action.
But for citizens to live in fear of liability when they take action to prevent a crime reflects poorly on the health of our society.
My 22 year old sister left a club completely intoxicated with a young man and her friend, her DD. The young man was drunk and the girls tried to get him to let them drive him home, but he didn’t want to leave his car. He persuaded my sister to ride with him, she declined. He drove off in front of the girls and was driving so erratically that my sister’s DD told her to call him and tell him to stop driving like that. Before this call could be made, the young man flips his truck, is ejected from said truck and then it rolls over inevitably killing the young man.
Does the sober or drunk girl have an obligation in this scenario? At what point is turning a blind eye to a drunk driver acceptable? it use to be friends don’t let friends drive drunk, now you’re a rat if you try to stop them or call the cops.
After reading this article and seeing the legal recourse good people were met with in trying to prevent a death or tragedy all I can say is you can’t take matters into your own hands, b ut you can pick up your cell phone and make a call to someone who can do something about a drunk driver and not be met with legal threats and more henious court accusations.
Maybe this is a news flash to this ignorant country but ANYONE can call the emergency or NON-Emergency line and make an anonymous report. Why would you not do this?
Everyone’s in such a hurry to cover their own but that no one ever does the right thing, they simply do the selfish, easy thing which is turning a blind eye until tragedy strikes. When a young person dies because of drunk driving and sober and intoxicated persons let him do so – where does the blame fall?
Letting someone drive drunk isn’t just about that person endangering themselves, it’s also about who they may hurt or kill in that process besides themselves. If a drunk driver hurt one of my 5 children, rest assured I would not rest if someone knowingly let that person drive drunk. Social Responsibility exists and not just for corporations and businesses.
My son, & two others, lost his life in a car accident in which he was the driver but it was not his car. Alcohol is suspected, but we don’t have toxicology reports yet so we don’t know if that was the cause. The road was dark, narrow, & curvy county road. There were five people in the car, the only ones that survived the accident were the owner of the car, in the passenger seat, and the individual sitting directly behind him. My first question to the owner of the car was why was my son driving your car. I don’t question my sons passing. I believe in God & His Devine plan, I am concerned about where the responsibility lies for replacement of the lost vehicle & the other lives lost & wether they had families depending on them for support & who is responsible for them now.
I took the keys from my son because he was too intoxicated to drive, and had been a DUI driver in a very serious accident that caused life endangering injuries to three people. So he becomes angry and viciously attacks me while I am laying in bed. He threw punches and kicks and began throwing heavy objects at my head. I was trapped, he was between the bed and the door. I go fight and flight, threw a wild punch hitting him squarely in the nose causing a severe nose bleed. I blocked most of his punches with my forearms and legs. I am now charged with a class 3 felony of malicious wounding! I’m 57 never been in trouble with the law. He is 27 and 10 pounds heavier and more muscular. I just got out on bond after serving 15 days. That is very hard on a 57 yr old grandfather with spinal problems. There is no place in jail that is comfortable to sit or lay down on. No pillows. Now I’m facing minimum 5 yr….maximum 20 yrs in jail! I can’t tolerate the painful prison conditions. What’s up with our justice system? What would you do if you were me.
A friend ? Oh yeah. A complete stranger ? Where i live that is a good way to get yourself killed. When it happens it changes from “duty” to “well, he should have called us, what kind of idiot walks up to a complete stranger and demands ANYTHING ?” A now dead idiot.
I liked your article except where you stated: “…The 2,000-page Affordable Care Act, virtually-limitless unemployment benefits, debtor-friendly bankruptcy laws, and fair debt collection practices laws, which make it difficult to collect money owed, all contribute to a legal environment which facilitates the death of personal responsibility.” You got off track by blaming this on the ACA, without making any connection, or showing, between the ACA and the lack of responsibility. Oh did you mean that folks are no longer taking responsibility for their own healthcare and are instead “looking for a handout?” You sound like Paul Ryan who doesn’t get it either. It is one thing to deny a persons duty to another or at least discuss whether a duty is owed, but the thrust of the ACA and the need for such legislation is that we have a collective responsibility to ensure that we do this for “the least among us”…sounds like Christian values? the same “values” that the prosperity gospel ignores. Don’t trash the ACA to make a point like this; your are only showing your own bias.
This is a very serious issue that continues to pop up when it comes to people wanting justice for the actions of drunk drivers. It is so important to secure counsel if you find yourself facing DUI charges or any other related charges associated with a DUI accident. An experienced DUI attorney will be able to explain your rights, your best defenses, and possible sentences you may face so that you can make a solid plan for yourself. Thank you for sharing this insightful information. Hopefully your readers take it to heart that they need to be aware of their surroundings, and their own behavior, when alcohol is involved.