Were you or someone you love harmed in an accident caused by a drunk driver?
Dram shop liability
If so, there may be other parties who can be held liable for your injuries or the loss of a loved one. For example, some states, like New York, have enacted Dram Shop Laws that enable some accident victims to file a personal injury claim against a business that provided alcohol to the intoxicated driver. Every state has its own unique Dram Shop Laws, which prohibit the sale of alcohol to certain people. In an accident that involves injuries or death, the Court will interpret these laws to determine if the accident was a result of the improper sale of alcohol.
For example, in New York, it is against the law to sell alcohol to people who are “visibly intoxicated” or to individuals who are “actually or apparently” under the age of 21. If a restaurant, bar, liquor store, or any other business violates these laws, the Courts may allow some Plaintiffs to file accident injury lawsuits against the business that sold alcohol in violation of these laws.
The Elements of a Dram Shop Accident Injury Lawsuit
Dram Shop violations are considered strict liability torts. To establish liability under a state’s dram shop law, the injured party must prove the following facts:
A bar, liquor store, or restaurant unlawfully sold alcohol to an individual who was “actually or apparently” under 21, or the alcohol was commercially sold to someone who was visibly intoxicated during the sale of the alcohol.
The sale of alcohol contributed to or caused the driver’s intoxication.
The victim was injured or killed in an accident caused by the person who was intoxicated.
The Full Scope of Dram Shop Laws in Personal Injury Claims
In some states, like New York, dram shop laws are not limited to drunk driving accidents. For example, suppose a drunk person intentionally assaults an innocent bystander. In that case, the victim could file a personal injury lawsuit against the business that unlawfully sold the assailant alcohol.
Examples of Dram Shop Cases:
A restaurant sells alcohol to someone who appears to be under the legal age without asking to see their identification and verifying they are of legal drinking age. The underage person consumes the alcohol, becomes intoxicated, drives, and then strikes a pedestrian with their vehicle. Under these facts and circumstances, the restaurant might be held liable under that state’s dram shop laws.
A bartender serves a visibly intoxicated patron more alcoholic beverages. The patron has a set of car keys in front of them. It is clear that the patron is alone and is likely to drive in the near future. However, the bartender continues to serve the customer alcoholic beverages. The drunk patron then pays their tab and staggers out of the bar, gets behind the wheel of their vehicles, and causes a serious car accident. In this situation, the bar could be sued for damages under the dram shop act.
If you are in an accident by a drunk minor or an intoxicated driver, you should:
- Call 911
- Obtain medical attention
- Document the accident
- Obtain photos of the accident
- Call our attorneys at 1-800-YOUR-LAWYER. Time is limited to file your claim.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Parker Waichman LLP helps families recover monetary compensation for harm caused by intoxicated drivers. For your free consultation, contact our Accident Law Firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
