What is dram shop?
Dram shop liability refers to the body of law governing the liability of bars, taverns, liquor stores and other commercial establishments that serve alcoholic beverages. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third parties, those not having a relationship to the bar, as a result of alcohol-related car crashes and other accidents.
What are the dangers associated with dram shop?
Our firm previously handled a case involving the defendant bar that continued to serve alcohol to a visibly drunk person in violation of the law. This drunken person left the bar in a vehicle and collided with a vehicle occupied by our client's loved one. The loved one was killed in this tragic accident. The jury heard the evidence and awarded a substantial verdict in an effort to try to stop this type of conduct in our community in the future.
What is a social host?
A social host is someone other than a bar or restaurant (a private individual) that knowingly provides alcohol to someone knowing that person will have to operate a motor vehicle when he leaves the social host home.
Beasley Allen investigated a case in which a couple was traveling on the interstate highway when they were involved in a wreck. The other driver involved in this wreck was operating her vehicle under the influence of alcohol.
The other driver was arrested and convicted of operating a motor vehicle under the influence.
In representing our clients, we found out through discovery that the other driver had been at a friend's home and had been drinking alcohol for approximately 4 to 5 hours prior to the wreck. Early in the litigation, the driver’s insurance company tendered the policy limits for both our clients, who were seriously injured, but Beasley Allen was able to file a claim against the social host to secure adequate compensation for our clients’ medical care and expenses.
What can I do?
If you feel you have a claim, our attorneys would like to talk to you. You may be entitled to compensation. Contact us today for a free, no-obligation legal consultation.