Can you sue a alcohol interlock company for not installing a breathalyzer correctly and reporting false information to the state?
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Can you sue a alcohol interlock company for not installing a breathalyzer correctly and reporting false information to the state?
Asked on April 3, 2013 under Criminal Law, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can sue the interlock company for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable interlock company would have exercised under the same or similar circumstances to prevent foreseeable harm).
In order to prove negligence, you will need to prove duty (of due care mentioned above), breach of duty (failure to exercise due care), actual cause, proximate cause, and damages.
Actual cause means but for the alcohol interlock company's installation would false information have been reported to the state? If the answer is no, which appears to be the case, actual cause has been established. Proximate cause means are there any unforeseeable, intervening acts which would relieve the interlock company of liability? If the answer is no, proximate cause has been established. Damages means the amount of monetary compensation you are seeking in your lawsuit for negligence against the interlock company. Your damages would be the monetary amount you incurred as a result of false information being transmitted to the state by the interlock company. For example, lost wages for loss of employment, fines or other penalties, etc. due to the false readings from the interlock device.
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