When a drunk driver causes a crash, most people point the finger at the driver. However, it is not always so simple. Sometimes bars, restaurants, or clubs that served the alcohol can get pulled into a lawsuit too. That is where dram shop laws come in, and if you’ve been hurt, you should know whether they apply to you.
What Are Dram Shop Laws?
Dram shop liability laws hold businesses responsible if they serve alcohol to someone who then goes out and causes an accident. The term ‘dram shop’ goes way back to old England, when they sold gin by the spoonful or in ‘drams’.
Today, these laws let victims look beyond just the drunk driver’s insurance and seek compensation from places that served them in the first place. The idea is straightforward: if you’re making money selling alcohol, you need to do it responsibly. If you don’t, you might end up paying for the damage that follows.
When Businesses Can Be Held Liable
Not every drunk driving accident means the bar is liable for damages. To win a claim against a business, you’ve got to prove the following:
- That the business kept serving a customer who was clearly drunk – slurred speech, stumbling around, acting aggressively.
- They served someone under 21, and that person went on to drive while intoxicated and caused a wreck.
- State laws aren’t all the same. Some states make you prove the person was obviously drunk, while others have less strict standards.
Think of scenarios like a bar running drinking contests, a restaurant ignoring complaints about a drunk customer, or a club pouring drinks for someone who can barely stand. Those are the kind of reckless situations that can get a business in trouble.
What Victims Need to Prove
To be successful with a dram shop claim, you need proof. You have to show:
- The business broke the rules, either by serving a minor or someone who was clearly drunk. This means getting witnesses to testify what they saw.
- What they served directly led to the accident, meaning the drinks from the establishment put the driver over the limit.
- The overserving caused your injuries and losses. Blood tests, toxicology reports, and accident reconstructions help connect the dots.
Save any evidence you can, including credit card receipts showing when and where drinks were bought, security footage, phone records, and even social media posts. Memories fade and people disappear, but hard evidence sticks.
Steps to Take After an Accident
If you have been in an accident, move fast. Write down everywhere the driver was drinking before the crash. Get statements from people who saw how drunk they were and how much they drank. Ask the business to save receipts, surveillance videos and staff info.
Get in touch with Dimopoulos Injury Law as dram shop cases can become complicated. With witnesses who are unwilling to provide testimony, or businesses who are difficult to provide evidence a lawyer can act in your best interest.
Protecting Your Rights
Bars can definitely be sued for drunk driving accidents if they served alcohol irresponsibly. Whether you have a good case depends on state law, the details of what happened and the evidence you can find. If you are injured by a drunk driver, explore all your legal options including contacting a lawyer.
Apart from that, if you want to know more about Understanding Insurance Challenges After a Motorcycle Accident then visit our Accidents Law category.
