Missouri, Kansas, and Arizona Dram Shop Liability Information from Our Drunk Driver Accident Lawyers
Dram shop liability refers to the body of law governing the liability of taverns, liquor stores, and other commercial establishments that serve alcoholic beverages and liquor. Generally, dram shop laws deal with 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 drunk driver accidents or other incidents. The laws are intended to protect the general public from the hazards of irresponsibly serving alcohol to minors and intoxicated patrons.
If you sustain injuries in an accident caused by a drunk driver, contact The Law Offices of Dr. Samuel K. Cullan. We have extensive experience using Missouri, Arizona, and Kansas dram shop laws to gain restitution for our clients. Our drunk driver accident lawyers have experience holding the responsible parties accountable for their actions. The following frequently asked questions are a starting point for those looking to learn more about dram shop liability.
Frequently Asked Questions: Dram Shop Liability
- What is a dram shop?
- When is there a dram shop claim?
- When are dram shops liable?
- How can drunk driver accident lawyers protect my rights?
What is a dram shop?
A dram shop is the legal term used for drinking establishment where alcoholic beverages are served. The law holds these establishments responsible for the dangerous actions of an intoxicated person when they have illegally sold liquor to that person, such as when a drunk driver causes an accident. In addition to bars, night clubs, and liquor stores, these establishments can include restaurants, social clubs, and even private events where liquor is sold.
When is there a dram shop claim?
A dram shop claim often represents one component of a vehicular accident case or an assault case:
Dram Shop Claim in an Auto Accident Case
Dram shop liability claims are often a part of an auto accident case involving a DUI or DWI. If you were injured by a drunk driver, your dram shop claim could be against the bar, liquor store, or night club that sold the driver the alcohol when he or she was obviously intoxicated.
Dram Shop Claim in an Assault Case
Cases involving injuries due to assaults can also contain a dram shop component. If a bar continued to serve a patron after he or she became obviously intoxicated and belligerent and later that evening, he or she assaults you, the bar could be held liable for your injuries. In this example, the bar is considered partially responsible because it continued to sell liquor when it should have simply done what the law requires: cut the patron off.
If you or someone you love is assaulted by an intoxicated individual or injured by a drunk driver, the accident lawyers at our firm can help you understand the complexities of dram shop laws and how they apply to your case.
When are dram shops liable?
Dram shops are liable when they have violated a law or regulation in the state where the liquor was served. Selling liquor to an obviously intoxicated customer represents the most common dram shop violation. The illegal sale of intoxicating beverages can take other forms:
- Selling liquor without a license.
- Selling liquor after hours.
- Selling liquor to a minor.
Our Missouri, Arizona, and Kansas drunk driver accident lawyers have years of experience handling auto accident claims involving dram shop liability. Contact The Law offices of Dr. Samuel K. Cullan to determine if a dram shop violation played a role in your serious personal injury or a family member’s wrongful death. Dram shop laws vary state by state. While a few states impose no dram shop liability or restrict that liability to cases involving sales to minors or known alcoholics, most states do recognize some form of dram shop liability.
How can drunk driver accident lawyers protect my rights?
Verifying the obvious intoxication of a patron often relies on the eyewitness testimony of employees and other patrons who were present. The drunk driver accident lawyers at our firm will locate and interview these witnesses quickly. We will also gather other evidence related to the accident to build a strong case for you.
The statutes of limitations governing the dram shop portion of an accident case can differ from those that apply to the rest of an accident or assault case. If a dram shop claim is not made within that time frame, you can potentially lose the right to pursue the claim at all.
Our Missouri, Arizona, and Kansas drunk driver accident attorneys can help. We will conduct a thorough evaluation to determine if a bar, night club, or liquor store may be partially liable for your serious injury. If so, we will take the necessary steps to hold the responsible party accountable. Our firm’s mission is to restore lives and prevent injury to others. Contact our personal injury firm today to learn more. We would be honored to represent you.