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Liquor (Dram Shop) Liability

Have You Or A Loved One Been Injured By An Intoxicated Person?

In addition to a potential claim against a drunk driver for injuries sustained in an accident, you may also have a separate, valid claim against the providers of the alcohol. Dram Shop laws hold servers of alcoholic beverages legally responsible for harm that visibly intoxicated patrons cause to others. State liquor liability laws can apply not only to bars, liquor stores and restaurants, but also to social clubs and private events where liquor is served. The laws also include selling liquor without a license, selling liquor after hours and selling liquor to minors.

If a person is served alcoholic beverages while visibly intoxicated, and then gets into an accident injuring someone on the way home, the owner of the serving establishment can be held responsible in addition to the drunk driver.

Dram Shop lawsuits aren’t limited to auto accidents- if a bar serves a visibly intoxicated person who then starts a fistfight and seriously injures another patron, that patron could sue the bar under the dram shop law.

In order to successfully sue under the dram shop law, you must be able to prove that:

  1. An employee of an establishment served alcohol to someone at a time that that person was visibly intoxicated. Whether someone is “visibly intoxicated” depends not on blood-alcohol content or number or drinks, but rather on apparent signs of intoxication like bloodshot eyes, slurred speech and staggering. Visible intoxication may be proven with strong circumstantial evidence, like blood-alcohol measures or a guilty plea to a DUI; and,
  2. The business or host’s decision to serve alcohol to the visibly intoxicated person directly led to the Injuries.

If you feel that you or a loved one have been injured as a result of a Dram Shop violation, call us at (215) 569-1212 to explore whether you may have the right to recover full compensation for your injuries.

Fodera & Long Trial Lawyers

Get your questions answered - call for a free phone consultation (215) 569-1212