Under the Dram Shop laws, restaurants, bars, and nightclubs cannot serve alcohol to minors, and they must not serve excessive amounts of alcohol to any individual who appears to be intoxicated.
Drunk driving accidents could result in civil suits against the driver if someone else was injured or killed due to the accident. This law also covers places where alcohol is served or consumed. In some states, it also includes hotels and motels.
If an establishment violates such laws and someone is injured as a result, the business can be sued for the injuries sustained to the victim by the families of the victim. For example, if a minor gets into a car while drinking and injures another party, the business could be liable for a lawsuit.
Everything You Need to Know About Dram Shop Law
You first need to understand two types of dram shop laws. These are first-party laws and third-party laws. A “first party” dram shop case exists when the injured is the complainant and is under the influence of alcohol. It does not matter whether the establishment liable is licensed to sell alcohol.
However, a “third party” dram shop exists. If an intoxicated person injures another person, that person may sue the bar for serving alcohol to the intoxicated person. If you’re injured in an accident caused by someone drinking alcohol at a restaurant/pub/tavern, you could sue them for damages under third-party liability law.
You do not need to prove that the person was actually served alcohol. All that matters is that you witnessed the incident. As long as you can provide evidence that the person was visibly impaired, you can file a claim against the establishment.
You also need to know that these laws apply to public and private establishments. They do not discriminate between the two. Therefore, they apply to restaurants, taverns, clubs, lounges, hotel rooms, and sometimes even churches.
Also, each state has its specific requirements when it comes to licensing establishments that sell alcohol. Also, each state has its own set of rules regarding how much alcohol can be served to people under certain age limits. Additionally, each state has a particular set of laws regarding who can sue for injuries caused by drunk driving accidents.
If you believe someone is intoxicated at a bar or restaurant, the law allows you to call the relevant authorities to report the situation. If the police arrive, they must determine whether the person is too drunk to operate a vehicle safely. If they are deemed incapable, the establishment cannot serve alcohol to that individual again.
Under the law, any person who sells or serves alcoholic beverages must ensure that those products are safe for consumption. They must provide adequate training programs for employees about how to use alcohol safely. Additionally, they must maintain records of sales and serve alcohol responsibly.
You have a strong case if you follow the Dram Shop Act rules. If you are a first-party or third-party victim of a DUI car accident, you’ll need an experienced drunk driving lawyer to help you with your case.