breathtestersusa?

[mike.h.rosen]

Has anyone heard of this single breathalyzer that is being sold through breathtestersusa.com? I am very curious about this but I have not been able to find any true information about the company/product and I am in need of advice.

Also, what would liability look like here with this vending venture?

thanks for the help

[mike777]

I am also very interested in this since there are many bars in my area.  I have seen them online from a few companies but they seem to be sales pitches and want your information before they give you the price of the machines.  I did find this on amazon for $1099: http://www.amazon.com/gp/offer-listing/B000WHPH4U/ref=asc_df_B000WHPH4U872421?ie=UTF8&condition=new&tag=shopzilla_mp_1303-20&creative=380345&creativeASIN=B000WHPH4U&linkCode=asm 

I have no idea about the liability of operating a machine like this.  It seems like it would attract a lawsuit after someone gets caught with a DUI after using the machine.  At least their "good" range is 0.00-0.02%.  I'll ask my law student roommate tomorrow.

[sherlock]

I have no idea about the liability of operating a machine like this.  It seems like it would attract a lawsuit after someone gets caught with a DUI after using the machine.  At least their "good" range is 0.00-0.02%.  

That is a scary thought.

Even worse, consider the liability if someone kills themselves or someone else while driving after having used the machine and received a "good" test result. Whether the machine failed or the customer improperly used the machine...YOU and/or YOUR COMPANY will be the target of the lawsuit.

I also wonder about the likelyhood enough people would use this to justify the time/expense.

Most prospective customers for this machine will not be in the best frame of mind to make the logical choice of using it.

[mike777]

Talked to my lawyer roommate.. He said nearly all lawsuits involving breathalyzer machines were dismissed (in the 8th circuit) because they were seen by judges as being novelty machines and users of the machines were still responsible for their decisions.  As long as you don't make claims guaranteeing the performance of the machine and maybe put a disclaimer on the machine that it is a novelty machine, you should be fine.