What Are Dram Shop Laws in Personal Injury Law?
Dram shop laws are statutes that hold businesses, such as bars, restaurants, or liquor stores, legally responsible for serving alcohol to individuals who cause harm to others due to intoxication. These laws typically apply when a business knowingly serves alcohol to a visibly intoxicated person or a minor, and that individual later causes an accident or injury, such as a car crash.
Key Features of Dram Shop Laws
- Liability for Over-Serving: Businesses can be held accountable for serving alcohol to patrons who are visibly intoxicated.
- Serving Minors: Serving alcohol to underage individuals can lead to automatic liability, even if they did not appear intoxicated.
- Third-Party Injuries: Dram shop claims often arise when a drunk individual injures a third party, such as in a car accident.
Examples of Dram Shop Claims
- A bar serves alcohol to a visibly drunk customer, who then causes a car accident, injuring another driver.
- A restaurant sells alcohol to a minor, and that minor injures themselves or others due to their intoxication.
Importance of Dram Shop Laws
- Encourage Responsibility: Bars and liquor-serving establishments are incentivized to monitor alcohol consumption.
- Provide Compensation: Victims of accidents caused by intoxicated individuals can seek damages from the establishment in addition to the intoxicated person.
- Promote Public Safety: These laws discourage businesses from over-serving alcohol to avoid legal consequences.
Legal Considerations
Dram shop laws vary by state. Some states impose strict liability, while others require proof that the business knowingly served an intoxicated person. An experienced personal injury attorney can help victims pursue claims under dram shop laws, holding both the intoxicated individual and the establishment accountable for damages.
