You’re cruising the city with your friends, perhaps looking for a place to eat or something fun to do. Suddenly, a drunk driver pulls out of a bar parking lot and smashes into your car. You may know that you can hold the driver liable, but did you know that the bar may be liable, too?
Navigating dram shop liability can be challenging, but Tobias & Comer Law is here to break the concept down for you in plain English.
What Are Dram Shop Laws?
Before explaining dram shop laws, it’s helpful to discuss what a dram shop itself is. A dram shop is any establishment that serves alcoholic drinks to patrons. That can include:
- Bars
- Restaurants
- Taverns
- Liquor stores
- Convenience stores
- Grocery stores
Alabama enacted the original Dram Shop Act way back in 1909 as a means to hold alcohol-serving establishments responsible for serving liquor improperly. Under the Dram Shop Act, establishments can be held liable for serving alcohol to obviously intoxicated people.
Liquor-serving establishments must have liability insurance to protect themselves in case someone sues them for violating dram shop laws. Under the original law, businesses in Alabama could only choose from three insurers, and coverage could cost $35,000 a year or more, which many bars and restaurants could not afford. Recently, the state enacted legal reforms that made it easier for businesses to secure coverage.
Proving a Dram Shop’s Civil Liability for an Accident
Because navigating dram shop liability claims is a complex process, you’ll need an attorney to help you through it. Your lawyer will have to prove the following elements to win your case.
The Establishment Knowingly Sold Liquor to a Visibly Intoxicated Person
For a dram shop to be held liable, it must have knowingly sold alcohol to someone who was visibly intoxicated. The key word here is “visibly.” For example, perhaps the person was stumbling or slurring their words. If the patron was drunk but outwardly seemed sober, you can’t hold the establishment liable for selling them a drink.
The other important word to pay attention to is “sold.” A bar selling a beer to a drunk guest would be liable, while someone encouraging his friend to take “just one more shot” would not.
The Serving of Alcohol Contributed to Intoxication
Naturally, your lawyer must prove that the alcohol the establishment served caused the defendant to become intoxicated (or further intoxicated). They can do this by requesting witness statements, interviewing employees of the establishment, and looking at surveillance footage.
If the police arrested the defendant after they caused an accident, your lawyer can find their blood alcohol content (BAC) at the time of the crash in the police report.
The Intoxication Proximately Caused Your Injuries
When it comes to navigating dram shop liability, proving causation can be difficult. Under the original Dram Shop Act, plaintiffs only had to prove that their injuries occurred “as a consequence” of the defendant’s intoxication.
Per the revised Dram Shop Act, your lawyer will now have to prove that:
- The person serving alcohol knew that the patron was visibly intoxicated.
- The sale, serving, or furnishing of alcohol was the “proximate cause” of your injuries.
Compensation Available for a Dram Shop Lawsuit
If a court finds that a dram shop violated alcohol service policies and in turn, bears legal responsibility for your injuries, you may recover both economic and non-economic damages.
The court might award you compensation for your medical expenses, lost wages, and damage to your car and other items. Non-economic damages include things such as mental anguish, loss of enjoyment of life, and pain and suffering.
How Long Do You Have To File a Liquor Liability Claim Under the Dram Shop Act?
Like other types of personal injury cases, Alabama gives you two years to file a claim under the Dram Shop Act. This is also the case if the intoxicated person caused a wrongful death.
If you don’t file a claim before two years are up, the court will dismiss your case, making it impossible for you to recover damages.
Injured Because of a Negligent Dram Shop? Call Our Firm
If you’ve suffered injuries because of a negligent bar, nightclub, or liquor shop, contact Tobias & Comer Law at 251-432-5001 for a free consultation. Our attorneys will help you with navigating dram shop liability and fight for fair compensation for your injuries.