Juvenile drinking in rented limo

[sallies2]

In Florida - what is the liability of a limo driver and/or the limo company if it is rented for a party and the occupants are all under the legal drinking age? Can a Release of Liability be drawn up to protect the driver and the limo company?

 

[mistoffolees]

In Florida - what is the liability of a limo driver and/or the limo company if it is rented for a party and the occupants are all under the legal drinking age? Can a Release of Liability be drawn up to protect the driver and the limo company?

Even a release won't help all that much if the driver and limo company are negligent.

Since it is presumed that the driver should be able to see what is going on in the car, I'm not sure that you can simply pretend that a piece of paper will protect you from negligence charges.

 

[Humusluvr]

Even a release won't help all that much if the driver and limo company are negligent.

Since it is presumed that the driver should be able to see what is going on in the car, I'm not sure that you can simply pretend that a piece of paper will protect you from negligence charges.

There's usually a window between the driver and the occupants. If the occupants are underage, most companies I know of will NOT allow the window to be raised, so the driver can "keep an eye on" the juveniles. If the occupants are adults (like a wedding or party) the driver can be "closed off from" the occupants.

 

[Mass_Shyster]

In Florida - what is the liability of a limo driver and/or the limo company if it is rented for a party and the occupants are all under the legal drinking age? Can a Release of Liability be drawn up to protect the driver and the limo company?

The driver would be considered an accomplice. Criminal liability cannot be waived.

 

[cyjeff]

And, of course, it is also the driver's responsibility to remove all temptation from the limo and to make sure no liquor is brought in.

 

[BOR_]

If you are below the legal limit for drinking then why are you contemplating drinking?

It will only lead to trouble. Drink Gatoraid ... Florida's state drink !

 

[dmcc10880]

In your contract, you should include a paragraph explicitly stating that underage drinking is illegal and will not tolerated by your company and will allow you to cease services immediately (even if that means dropping them off on the side of the road) and the occupant(s) forfeit all deposits, payments, etc.

And your company would be held harmless for any injuries caused by the consumption of alcohol by minors.

While you can witness bottles being brought in, you can not tell what's in the sippy cups.

You can also refuse to provide limo services for anyone under the legal drinking age.

 

[mistoffolees]

In your contract, you should include a paragraph explicitly stating that underage drinking is illegal and will not tolerated by your company and will allow you to cease services immediately (even if that means dropping them off on the side of the road) and the occupant(s) forfeit all deposits, payments, etc.

That's a terrible idea. What happens if you drop the kids off and something bad happens to one of them?

If you go that route, I would pull the car over and call parents to get the kids.

IAnd your company would be held harmless for any injuries caused by the consumption of alcohol by minors.

I don't think so. The company would still be held liable for negligence - almost no matter what the agreement says.

 

[Zigner]

The only thing I'd add to Misto's comments is that the driver, after pulling over to a safe spot, should contact the parents and the police.

 

[FlyingRon]

That's a terrible idea. What happens if you drop the kids off and something bad happens to one of them?
If you go that route, I would pull the car over and call parents to get the kids.

This is exactly the rules that the limos around here have, with the exception that PROM NIGHT (or whatever) is over as soon as any alcohol is detected and the limo returns to the point of origin (the parent's house).

It's pretty straightforward. The limo driver can not "look the other way" no matter what disclaimers may have been put in place.