On his way home from work, Andy Earl stopped at Mad Beach Pub. After leaving the

Question

On his way home from work, Andy Earl stopped at Mad Beach Pub. After leaving the pub, Earl drove his car into a house at a speed of approximately 30 miles per hour. When the car struck the house, the passenger compartment collapsed and Earl was seriously injured. His blood alcohol content was 0.08%. The investigation also discovered that he had been texting at the time of the accident. Earl brought a strict product liability action against the car manufacturer on the grounds that the car was not crashworthy. He also filed suit against the pub for selling him the alcohol.

Summarize the statutes from your state related to driving under the influence (DUI) and texting while driving.

Provide the arguments that each party (Earl, the car manufacturer, and the pub) will make at trial.

Explain how the court should rule. Provide support for your decision.

Explanation / Answer

In this specific condition Earl would be charged with driving under the influence of alcohol as his blood alcohol content was 0.08 percent.
Earl has no defence in this is specifically is as it is a total case of negligence by him and car is crashed into the building because of the influence of the alcohol.
Buying alcohol from pub was his decision and it is the job of service provided to serve the customer. In this case specific situation pump cannot be sued buy him.
Call the car manufacturer there is no defence that would be done by Earl as car manufacturer has no liability of giving assurance for not breaking of the parts during an accident due to the negligence of the driver. The car did not break during the normal operation but at the time of accident which is not liable by any means.

Code should rule on the basis of taking into consideration that he was in influence of alcohol and does not have authority to make any kind of claim over the pub or oven the car manufacturer as both of the entities function according to their normal operation.

Related Questions

Navigate

• Browse (All)
• Browse O
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.