subject: What Is Dram Shop Liability Law? - What You Need To Know About Legal Matters [print this page] A dram shop liability law is a state law that is passed in a some state that not only faults the drunk driver in the case of a DUI accident, but also the establishment or person who served them the liquor. The dram shop liability law often comes into play during DUI lawsuits. Not only is the drunk driver sued during DUI lawsuits, but also the establishment or individual who served them the alcohol and contributed to the DUI accident. Anyone who serves alcohol or has an establishment that serves alcohol should be aware of the dram shop liability laws.
Many bartenders are unaware that they have a server liability if the person who they are serving liquor to gets into a car and has a DUI accident. Many drunk driving accidents occur not after the person has left home, but after he or she has left a bar. In some cases, it was obvious that the person was drunk and in no condition to drive, yet the bartender served them anyway. This can cause server liability on behalf of the bartender as well as the establishment. Both the establishment and the bartender individually can be liable for damages if they are included in a DUI lawsuit that includes the dram shop liability law.
Anyone who has suffered damages due to DUI accidents has a right to be compensated for those damages. This is usually decided in DUI lawsuits. Because driving when drunk is a criminal offense, punitive damages are also often awarded during DUI lawsuits.
If the drunk driver was at an establishment where he or she was drinking prior to the accident and was served alcohol, the dram shop liability law can come into effect. The establishment will usually be named as a co-defendant in the complaint filed in the county court, along with the bartender or server who actually served the alcohol. All are considered to be contributory factors in the DUI accident.
If you are involved in a DUI accident and the person who caused the accident was served recklessly at an establishment prior to the accident, then you can file a DUI lawsuit that includes that establishment as a party to the drunk driving lawsuit.
