Dram shop liability relates to the civil liability imposed against a bar or tavern or any other establishments that serve alcohol, such as a restaurant. Dram shop liability is a mechanism by which an individual can sue a bar or other establishment for civil damages by showing that it provided alcohol to a customer who went on to get into an accident and harmed someone.
Who Is Legally Responsible For Over Serving Drunk Drivers?
- Bartenders and Servers: Individuals who serve alcohol to visibly intoxicated patrons may be held legally responsible under Dram Shop laws.
- Bar or Restaurant Owners: Commercial establishments, such as bars and restaurants, can be held accountable if their staff over-serves alcohol to a customer who later causes harm, like a drunk driving accident.
- Social Hosts: In some states, private individuals who serve alcohol to guests at social gatherings may also be held liable if they serve someone who later drives drunk.
- Event Organizers: Hosts or organizers of events where alcohol is served may bear responsibility for over-serving if they fail to manage alcohol consumption properly.
Each state has its own laws regarding liability, with different rules for commercial and private entities.
FAQs For Liquor Liability
Why Hold A Drinking Establishment Liable For Injuries, Rather Than The Drunk Driver?
Drunk driving accidents can be some of the most horrific accidents. It’s not uncommon for individuals hit by drunk drivers to sustain horrific injuries or even be killed. When that occurs, the policy limits on the drunk driver’s insurance policy may not be enough to compensate a victim for the medical bills to treat their injuries or for the pain and suffering they incur.
Bars and restaurants, however, are required to carry insurance with larger policies than everyday drivers. As a result, dram shop liability allows victims to pursue compensation from a business with a much larger insurance policy in order to ensure that they receive adequate compensation. Our Philadelphia liquor liability attorneys at Zafran Law Group can help you hold bars and restaurants responsible for injuries stemming from a drunk driving accident.
Can You Sue If You Get Hit By A Drunk Driver?
Most people are familiar with the concept that getting hit by a drunk driver will likely lead to that driver’s arrest and subsequent criminal case. However, what many people don’t always realize is that if you are hit by a drunk driver, you have a civil claim against them as well.
Not only do you have a claim against the drunk driver, but you also likely have a claim against the business entity that served the individual alcohol, if there is one. However, you must be able to demonstrate that you have sustained damages or injuries as a result of the accident.
When you have been hit by a drunk driver, the Philadelphia liquor liability lawyers at Zafran Law Group can assist you through the process of bringing a lawsuit against a drunk driver and any other responsible parties.
What Types Of Compensation Can Victims Receive In Liquor Liability Cases?
Victims in liquor liability cases may be entitled to compensation for both Economic Damages and Non-Economic Damages:
Economic Damages:
- Medical expenses: Costs for treatment, medication, hospitalization, rehabilitation, and future medical care.
- Lost wages: Income lost due to injuries or inability to work.
- Loss of earning capacity: Future income potential that may be reduced due to injuries.
- Property damage: Costs to repair or replace damaged property.
Non-Economic Damages
- Pain and suffering: Physical and emotional pain endured due to injuries.
- Loss of enjoyment of life: Inability to participate in activities or enjoy life as before.
- Disfigurement: Physical scars or disfigurements.
- Loss of consortium: Loss of companionship, love, or sexual intimacy.
- Punitive damages: In some cases, where the defendant’s actions were particularly egregious, punitive damages may be awarded to punish the defendant and deter similar behavior.
Is It Possible To File A Claim Against A Commercial Establishment Under Dram Shop Laws?
Yes, it is possible to file a claim against a commercial establishment under Dram Shop laws in the USA if they served alcohol to an intoxicated person who caused harm, such as a drunk driving accident. These laws vary by state, but they generally hold establishments accountable for negligent alcohol service. You can learn more about relevant laws for retail alcohol dealers here.
Should I Get A Lawyer If I Was Hit By A Drunk Driver?
If you have been hit by a drunk driver, you should contact liquor liability lawyers to discuss your case, especially if your car was damaged or if you sustained injuries. An attorney can evaluate your claim and investigate whether the driver was served at a bar or restaurant. If so, an attorney can also determine if you have a claim against that business for over-serving alcohol. The sooner you are able to connect with liquor liability lawyers, the more time you will be able to develop your case and begin the process of obtaining fair compensation. Contact our DRAM Shop lawyers at Zafran Law Group for a free consultation.