Drinking and driving is a dangerous combination that can have devastating consequences, leading to accidents, injuries, and even fatalities. In many cases, individuals who choose to drive under the influence of alcohol bear full legal and moral responsibility for their actions. However, there are instances where liability extends beyond the intoxicated driver to include the establishment that served them alcohol. This concept is known as dram shop liability or liquor liability. Below, our friends at Parker, Pallet, Slezak & Russell, LLC discuss dram shop liability in more detail.
What Is Dram Shop Liability?
Dram shop laws vary by state but generally hold alcohol-serving establishments accountable for serving alcohol to visibly intoxicated individuals or minors who subsequently cause injury or harm to themselves or others. These laws recognize that bars, restaurants, and other establishments have a responsibility to serve alcohol responsibly and to prevent intoxicated patrons from endangering themselves and others on the road.
Establishing Liability
For a bar or restaurant to be held liable under dram shop laws, certain conditions must typically be met:
- Service of Alcohol: The establishment must have served alcohol to the individual who later caused harm.
- Visible Intoxication: The person served must have been visibly intoxicated at the time of being served. Signs of visible intoxication include slurred speech, impaired coordination, and difficulty walking or standing.
- Foreseeability: There must be a foreseeable link between the intoxication caused by the establishment’s service of alcohol and the subsequent harm or injury caused by the intoxicated individual.
Examples Of Liability Scenarios
Over-Serving
Imagine a scenario where a bartender continues to serve alcohol to a patron who is visibly intoxicated. The patron later leaves the establishment and causes a car accident due to impaired driving. In this case, the bar may be held liable for over-serving the patron and contributing to the accident.
Serving Minors
In another scenario, a restaurant serves alcohol to a group of minors who use fake identification to obtain drinks. One of the minors becomes heavily intoxicated and, upon leaving the establishment, causes property damage in a drunk driving incident. The restaurant could be held liable for serving alcohol to minors, even if they used false identification.
Defenses Against Liability
Bars and restaurants can defend themselves against dram shop liability claims by demonstrating that they adhered to responsible alcohol service practices. These practices may include:
- Training: Providing staff with training on recognizing signs of intoxication and refusing service to visibly intoxicated patrons.
- Policies: Implementing policies that prohibit serving alcohol to minors and checking identification to verify the legal drinking age.
- Documentation: Maintaining records of alcohol sales and instances where service was refused due to intoxication.
- Compliance: Adhering to state and local alcohol laws and regulations.
Legal Consequences
The consequences of dram shop liability can be severe for establishments found negligent in serving alcohol. Depending on the jurisdiction and the severity of the incident, bars and restaurants may face civil lawsuits seeking compensation for injuries, medical expenses, lost wages, and pain and suffering. Additionally, establishments could face fines, suspension or revocation of their liquor licenses, and damage to their reputation within the community.
Dram shop liability serves as an important deterrent against irresponsible alcohol service practices that contribute to drunk driving incidents and their devastating consequences. By holding bars and restaurants accountable for over-serving alcohol and serving minors, dram shop laws aim to promote safer communities and reduce the incidence of alcohol-related accidents.
For individuals, understanding dram shop laws underscores the importance of making responsible choices when serving alcohol and the potential legal ramifications for failing to do so. By advocating for stricter enforcement of alcohol service regulations and promoting public awareness, we can work towards preventing drunk driving and creating safer environments for all.
If you or someone you may know has been injured by a drunk driver, consider speaking with a personal injury lawyer to see if you may have a case against the bar or restaurant that served the driver.