The dram shop rule is a civil law that holds bars, taverns, restaurants, and other places that sell alcohol accountable if their customers cause harm while intoxicated. This could include things like car accidents, fights, or other dangerous situations.
The key idea here is that businesses can be held responsible if they serve alcohol to someone who is already intoxicated or underage, and that person goes on to cause harm.
This concept comes from the old days when alcohol was measured in “drams” (a tiny amount), hence the name “dram shop.” By the way, if someone’s been hurt in an accident because of a drunk driver, especially when the alcohol was served irresponsibly, that victim has the right to sue the bar or restaurant that helped cause the situation.
But proving it isn’t easy. That’s exactly why it’s smart to hire a skilled DUI accident attorney from Morris Bart. They know how to gather the right proof and build a strong case under these very specific dram shop laws.
How the Law Works
Under the dram shop rule, the person who caused the harm is not the only one who can be held responsible. For example, in a situation where an intoxicated person gets into a car accident and injures someone, the victim could also sue the business that served the alcohol.
The law holds that the business should have known or should have reasonably known that the customer was intoxicated and should have stopped serving them.
In some states, such as Pennsylvania, dram shop laws extend to situations where the intoxicated individual may harm themselves. This allows a person to file a lawsuit against the establishment if they injure themselves due to their own intoxication, though this varies from state to state.
Dram Shop Laws Across Different States
While the dram shop law applies across the United States, each state has its own version of the rule. Most states limit the liability to third parties, meaning the victim of the intoxicated person’s actions. However, some states go beyond that. For instance, in some cases, even the intoxicated person themselves can file a claim against the establishment that over-served them.
A good example of this is Minnesota, where the law is clear about serving alcohol to minors or visibly intoxicated individuals. In Minnesota, if a business serves alcohol to a visibly intoxicated person and that person injures someone else, the establishment can be held liable for the damages.
Proving Liability in Dram Shop Cases
Proving liability in a dram shop case can be challenging, especially since bartenders or servers may not always be able to tell if a patron is too drunk to be served. In most cases, the injured party needs to prove that the establishment knowingly served alcohol to someone who was already intoxicated, and that their intoxication led directly to the harm caused.
To make a strong case, it’s important for victims to gather evidence, such as:
- Testimony about the customer’s behavior before leaving the establishment.
- Surveillance footage, if available.
- Statements from witnesses who saw the person becoming intoxicated at the bar.
If you’ve been in an accident caused by someone who was clearly intoxicated, proving dram shop liability might feel like a complex process. In that case, it could be a good idea to hire a DUI accident attorney to help you handle the legalities. These professionals can ensure that the bar or establishment is held accountable for its part in the accident.
Conclusion
Dram shop laws don’t only cover drunk driving accidents. They extend to any damage caused by an intoxicated person who was served alcohol at a business. The rule exists to protect the general public by holding establishments accountable for what happens when they fail to serve alcohol responsibly.
