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Passenger's defamatory remarks in drive-thru - am I liable?

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DriveThruProb

Junior Member
What is the name of your state (only U.S. law)? California

First off, I apologize if this is in the wrong forum, or if I phrase my question incorrectly. With that said, here goes -

This morning I went through a fast food drive-thru. I had a friend with me in the back seat, who ended up yelling various defamatory remarks at the people working at the fast food restaurant. I was very apologetic throughout, and they served us our food, which naturally was payed for.

Yes, I need new friends and/or to ditch this friend.

As we left, they yelled "come back" or something of the sort. We continued driving, hoping our friend would not keep yelling.

Question - As the driver, am I liable for my passengers actions, such as yelling defamatory remarks? Did the passenger even commit a crime? Should I be expecting a court summons or a ticket in the mail because they can pull my drivers license from the drive thru camera?

Thanks for your advice in advance. I tried doing my own research, but came up blank. I am not particularly knowledgeable about the law.
 


CdwJava

Senior Member
What do you think that you or your friends might be liable for? It is not a crime to behave like an idiot. Unless he made credible threats of bodily harm, there is no crime here. You might want to reconsider your friendship with this yo-yo, and you might want to avoid that eatery for a while, but it does not sound like a crime or a civil tort exists.
 

DriveThruProb

Junior Member
What do you think that you or your friends might be liable for? It is not a crime to behave like an idiot. Unless he made credible threats of bodily harm, there is no crime here. You might want to reconsider your friendship with this yo-yo, and you might want to avoid that eatery for a while, but it does not sound like a crime or a civil tort exists.

I was concerned that, as the driver of the vehicle, I could be found liable for hate speech or disorderly conduct or something (even though I did not commit the act). Like I said, I am not familiar with the law on this stuff (or anything really), but I want to be prepared for the worst.

No threats were made, the passenger sat in the back seat the whole time, just a bunch of foul language was directed at the employees "...thanks Mexicans..." I was not sure if that type of behavior broke any laws, particularly at a drive-thru where I presume they have cameras.

You make a valid point about reconsidering the friendship, he is a fun person but can be completely out of line (case in point).

Thanks for the input CdwJava. My ignorance on this issue has been quite frustrating, but I was worried nonetheless. Worried a little bit less now though...thanks again
 

HighwayMan

Super Secret Senior Member
If I was you, I would be more concerned with the employees of the restaurant spitting in my food than taking legal action.
 

DriveThruProb

Junior Member
oh i ate very cautiously, checking each layer. but hey, that's not to say I avoided ingesting any "special" sauce. though that is one issue i am finding easier to simply *not* think about
 

CdwJava

Senior Member
No violation of the law, just a violation of common sense to insult people preparing your food in a place where you cannot see them.
 

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