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It s the second state to do so.
Many states have laws on the books about bartenders or bar owners serving alcohol to someone who s visibly impaired. There are different rules for different jurisdictions, but generally if the patron is served when drunk, and gets in an accident, the bar can be held liable. Only one state has the same rule for gas station attendants, Tennessee. That was until Monday when the New Mexico Supreme Court ruled that service stations can now be liable for intoxicated drivers.
The case came from a federal appeals court to New Mexico, because of case of a drunk driver in 2011. The driver came to the station for gas, but it had no gas cans to sell. He then purchased a gallon of water, emptied it, filling it with gas. He came back later and filled up his car, before dropping off his passenger. He then entered the highway, crossed the center lane and crashed, killing the occupant of the opposing vehicle.
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