Getting What Is Rightfully Yours

Taking Legal Action Against A Bar After A Drunk Driving Accident

17 May 2023 by Penny Fisher

Dram shop liability refers to the legal responsibility of establishments, such as bars, restaurants, and liquor stores, for the actions of their patrons who cause harm to others because of being intoxicated. The term "dram shop" historically referred to establishments that sold alcoholic beverages by the dram, which was a small unit of measurement. Today, it encompasses a broader range of establishments where alcohol is sold. If you or a loved one was hurt because of a drunk driver, you may be able to sue the business that sold the alcohol to the other driver.

Businesses Can be Liable for Damages

The concept of dram shop liability recognizes that serving alcohol to individuals who are visibly intoxicated, or underage can contribute to accidents, injuries, and other harmful incidents. By holding establishments accountable for their role in providing alcohol to individuals who subsequently cause harm, dram shop laws aim to promote responsible alcohol service and reduce the negative consequences associated with alcohol consumption.

Dram Shop Legal Elements

Here is what to know about dram shop laws and civil actions.

Duty of care

Establishments that serve alcohol have a legal duty to exercise reasonable care when selling or serving alcohol. This includes assessing the patron's age, sobriety, and potential intoxication levels. If an establishment fails to uphold this duty and serves alcohol to a visibly intoxicated person or a minor, it may be held liable for any resulting harm caused by that individual.

Proximate cause 

To establish liability, there must be a connection between the establishment's actions in serving alcohol and the harm caused by the intoxicated patron. The harm must be a foreseeable consequence of the establishment's decision to serve alcohol to an intoxicated or underage individual.

Statutory requirements 

Many jurisdictions have specific statutory requirements that must be met to establish dram shop liability. These requirements may include proving that the establishment served alcohol to a visibly intoxicated person or a minor and that this action directly contributed to the harm caused.

Limitations and defenses

Some jurisdictions impose limitations on dram shop liability, such as placing caps on the dollar amount of damages that can be awarded or establishing a statute of limitations for filing claims. Additionally, establishments may employ certain defenses, such as arguing that the harm was not foreseeable or that the patron's intoxication was not the sole cause of the incident.

It's important to note that dram shop liability laws can vary significantly from one jurisdiction to another. Speak to a lawyer in your area to learn more about getting personal injury representation.

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