Company liability for a DUI

[bstacy1]

What is the name of your state?What is the name of your state? Arizona

I posted this originally in the DUI forum but haven't gotten a response after 2 days. Hopefully I had just posted in the wrong place and someone here can offer some insight. Any help would be very much appreciated. Here is my original post:

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What is the name of your state? Arizona

A recent incident with a co-worker prompted me to ask this question. Let me give you the facts, then I will follow with my questions.

A group of about 10 - 15 co-workers of various levels within the company decided to go to a bar after work where we hung out for a few hours. At the end of the night several of these folks recommended cabs for some of the others. Some accepted, and some refused. One of the girls who refused, hit a curb and a sign on her way home and was arrested for DUI (not extreme for the record and luckily she is ok).

As a manager at this company (I left early for the record) I am very concerned about not only the welfare of our people, and others, but also about potential liability. Due to this we are considering changing our policies regarding employees arrested for DUI (there have been folks arrested before in seperate incidents who were given a "slap" on the hand).

My questions are as follows:

1) How would you define a "Company sponsored event"? Could a group of people who happen to work together deciding to hang out at a bar be considered a company sponsored event?

2) Could the company be liable for something like this? Are there past examples that can be referenced?

3) Legally at what point do someones actions become the responsibilities of those around them? For example, should someone have detained her to prevent her from drinking and driving?

 

[cbg]

Actually, the correct forum for this question would probably have been down in the Employment law section under Fringe Benefits. But since I'd probably have been at least one of the ones to answer it there and I've seen it here, I won't ask you to repost it a third time.

1) How would you define a "Company sponsored event"? Could a group of people who happen to work together deciding to hang out at a bar be considered a company sponsored event?

I would define a company sponsored event as one that is originated, planned and executed by the upper management or "party planning" department of your company. While I suppose it's barely possible that a group of co-workers deciding to go out to a bar after work might conceivably fit that definition, it's really, really, REALLY stretching it so thin it's about to snap.

2) Could the company be liable for something like this? Are there past examples that can be referenced?

I don't see how. No one at the company forced her to go out. No one at the company forced her to drink. The company could hardly have kidnapped her and put her into a cab forcibly.

3) Legally at what point do someones actions become the responsibilities of those around them? For example, should someone have detained her to prevent her from drinking and driving?

Never. Depending on the laws of your state, the bar might hold some liability (not my area of expertise; I can't tell you your state's laws on the subject - maybe someone else can) but other than that, there is never a point at which someone else becomes responsible for her actions. MAYBE if this really had been a company sponsored event, THEN the company might have some responsibility to see that she gets home safely, but only maybe, and under the circumstances you describe I don't see that the company has any liability whatsoever.

The difference is that at the company picnic, the company is the one providing the alcohol. In the circumstances you describe, the company has no part in putting the alcohol in her path.

 

[bstacy1]

Thank you very much for the prompt reply and the information.