THE DANGERS OF OVERSERVING ALCOHOL

Alcohol negatively impacts an individual’s coordination, judgment, inhibitions, decision-making abilities, alertness, awareness, and reaction times. As a result, people who are intoxicated are far more likely to cause injury to themselves and others than those who are sober. This is especially true when an intoxicated individual gets behind the wheel of a motor vehicle.

One of the greatest dangers of overserving someone alcohol is the risk of that person driving drunk. While dram shop laws are not specific to drunk driving accidents, most dram shop claims involve injuries or deaths resulting from someone’s drunk driving after being overserved alcohol by a bar, restaurant, establishment, or vendor.

Establishments and vendors that serve alcohol to patrons have a responsibility to recognize the signs of inebriation and avoid serving alcohol to individuals who are visibly intoxicated.

Visible intoxication may look like:

• Slurred speech
• Poor balance/coordination
• Swaying
• Smelling of alcohol
• Bloodshot or watery eyes
• Stumbling
• Falling over
• Disruptive or unruly behavior

Establishments and vendors that overserve visibly intoxicated patrons not only risk allowing the overserved patron to go on to cause injury; they also risk civil liability.

WHEN DO DRAM SHOP LAWS APPLY?

Although dram shop laws vary somewhat from state to state, most apply in the following circumstances:

• When an establishment or vendor provides alcohol to a minor (someone under the legal drinking age of 21) and/or someone who is visibly intoxicated, and
• The person who was served alcohol by the establishment or vendor goes on to cause injury to or the death of another person

Though these claims often involve drunk driving accidents, dram shop laws may apply in any situation in which an overserved patron causes injury or the death of someone else. This includes instances involving assault, battery, and other acts of violence, including unintentional bodily injury or harm.

WHO CAN BE HELD LIABLE FOR DAMAGES UNDER DRAM SHOP LAWS?

Liability under dram shop laws varies from state to state. That being said, these laws generally apply to various establishments and vendors that serve alcohol for immediate consumption.

Examples include:

• Bars
• Pubs
• Licensed bartenders
• Catering services
• Taverns
• Restaurants
• Bartending services
• Venues

Note that dram shop laws do not apply to liquor stores, grocery stores, and other establishments that sell alcohol not meant for immediate consumption.

Additionally, some states have “social host” laws. These laws hold individuals liable for providing alcohol to minors (those under the age of 21) in private settings, such as parties, when the intoxicated minor goes on to cause injury or death.

TYPES OF DAMAGES IN DRAM SHOP CASES

People who are injured or who lose loved ones due to drunk driving accidents and other alcohol-related incidents may be entitled to financial compensation for their damages, or the losses they have endured as a result of the accident/incident. In addition to holding the intoxicated individual accountable, you could have a dram shop claim against an establishment or vendor.

The exact damages you can recover in a dram shop liability claim depend on the specifics of your case, but may include:

• Medical expenses
• Lost income/wages
• Loss of earning ability
• Diminished enjoyment/quality of life
• Future medical costs
• Loss of future earnings
• Pain and suffering

If your loved one tragically passed away due to the negligent or wrongful conduct of an intoxicated individual, you could be entitled to wrongful death damages. These may include medical expenses, funeral costs, lost income, lost inheritance, and loss of love, support, companionship, and more.

HOW THE DRAM SHOP LAWYERS AT POTTS LAW FIRM CAN HELP?

We are ready to take your call and discuss your potential case with you at no cost. Our experienced dram shop lawyers have earned the respect of their peers, their clients, and local courts for their tireless approach to negotiation, litigation, and trying cases. We are known for resolving cases quickly and have a long, proven track record of success in this area of law.

With multiple offices in several states, Potts Law Firm serves clients nationwide. We are dedicated to protecting victims’ rights and holding liable parties accountable for the immense harm and suffering they cause. Reach out to our firm today to learn how we can help you with your dram shop claim.