OKLAHOMA CITY – This week, the Oklahoma Supreme Court ruled that convenience stores, among other retailers, could be held liable if they allow intoxicated customers to purchase beer, News OK reports.

The close decision (5-4) would open the door to lawsuits against a commercial vendor who sold alcohol for off-premise consumption to someone who appeared to be drunk if that person is then a participant in an accident that kills or maims himself or others. The ruling stated that the seller of alcohol “has a duty to exercise reasonable care not to sell liquor to a noticeably intoxicated person,” even of the sale is for consumption off the premises.

The decision resolves a 2012 case involving a fatal car accident with an alleged drunken driver. Two of the people involved in the accident sued Fast Lane Stores for selling the driver beer in Custer County, Oklahoma. The case has been remaindered back to Custer County for reconsideration.

“Fast Lane has a statutory duty not to sell low-point beer to an intoxicated person,” the majority opinion stated. “Fast Lane also has a negligence-based duty not to sell low-point beer to an intoxicated person based upon the ... policy recognized by this court in many of its opinions. One who sells intoxicating beverages for consumption off the premises has a duty to exercise reasonable care not to sell ... to a noticeably intoxicated person.”