What is a Dram Shop Liability?
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 Overserving Drunk Drivers?
In Pennsylvania, a bar, restaurant, or any other establishment that serves alcohol is responsible for over-serving individuals who subsequently get on the road and drive home. More specifically, Pennsylvania law states that any establishment or licensed individual who serves alcohol to a visibly intoxicated person can be held responsible for any injuries or damages that a person causes following that service. Bar and restaurant employees have the authority to cut off individuals from purchasing and consuming more alcohol, and in fact, have a duty to do so if someone has had too much to drink. Consequently, a bar or restaurant can be legally responsible for over-serving drivers. The Philadelphia liquor liability attorneys at the Law Office of Jared S. Zafran can get compensation for injuries stemming from a drunk driving accident.
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 the Law Office of Jared S. Zafran can help you hold bars and restaurants responsible for injuries stemming from a drunk driving accident.
How Can a Liquor Liability Lawyer Prove Dram Shop and Liquor Liability?
In order to succeed in a dram shop liability case, a lawyer has to demonstrate two key elements. First, the lawyer must show that an employee of the bar or restaurant served alcohol to an individual who was “visibly intoxicated.” Secondly, a dram shop lawyer must show that the employee’s decision to serve a visibly intoxicated person ultimately caused another individual injuries or damages. A dram shop lawyer can demonstrate these elements by obtaining security camera footage from a bar or restaurant, interviewing employees and witnesses who were present on the night the individual became intoxicated, and by reviewing and key documents, such as a police report or the victim’s medical records. At the Law Office of Jared S. Zafran, our Philadelphia liquor liability attorneys have all of the tools necessary and experience required to prove a dram shop case and protect the rights of individuals who have been harmed by over-served drivers.
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 the Law Office of Jared S. Zafran can assist you through the process of bringing a lawsuit against a drunk driver and any other responsible parties.
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 a Philadelphia liquor liability attorney 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 a liquor liability attorney, the more time you will be able to develop your case and begin the process of obtaining fair compensation. Contact our Philadelphia-area liquor liability lawyers at the Law Office of Jared S. Zafran for a free consultation.