The Pennsylvania Superior Court recently issued a decision on an issue of first impression in the Commonwealth of Pennsylvania. The case dealt with the duty and ultimate liability of a valet service when a car is returned to an allegedly intoxicated patron.
In this case, an alleged intoxicated patron was given keys to his car and then drove away and was involved in an accident that resulted in his death. The PA Superior Court found that there was a mutual bailment and that the valet service was bound to turn over the keys to the patron when he demanded his keys. As the valet service had no right to retain the car they could not be found liable for returning the car.
While the Superior Court noted sympathy for the loss of life, the Court found as a matter of law that the Valet service was not liable.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.