Unfortunately, the problem of people driving under the influence in Pennsylvania is very extensive. On average, there are about 29 alcohol-related accidents per day, and about one person per day dies in Pennsylvania from a drunk-driving accident. There are between 45,000 and 55,000 drunk-driving arrests each year in Pennsylvania. Alcohol-related crashes account for 8% of all the crashes and 29% of all people killed in the state. So, it’s a very pervasive and serious problem.
What Are The Liquor Liability or Dram Shop Laws Currently in Pennsylvania?
There is a statute in Pennsylvania which states that bars, restaurants and other establishments are required to be licensed in order to serve alcohol. Selling alcohol is a lucrative part of many of those businesses. In exchange for the privilege of being licensed to serve alcohol and making money from it, those businesses are responsible for ensuring that they do not serve people inappropriately. In other words, the burden is on those establishments to make sure that they do not serve someone who is visibly intoxicated by alcohol. If they serve a visibly intoxicated person, then they can be held liable for the injuries and damages that are caused by serving that person too much alcohol.
Who Can All be Held Liable in a Dram Shop Case?
The drunk driver can be held liable, as can a business that made money by overserving alcohol to that driver. If a business, restaurant or club serves alcohol to a person who is visibly intoxicated, then they can be held responsible. They can also be held liable if they serve alcohol to a minor. In Pennsylvania, if a private individual serves alcohol to another private individual who is an adult, then they cannot be held liable.
How do Dram Shop Cases Differ From Other Personal Injury Claims?
There are a number of differences between dram shop cases and other types of personal injury claims. Dram shop cases typically involve very serious injuries, if not death. In addition, they are a little bit more complicated in the sense that there is a statute to navigate that deals with issues of liability. Typically we get involved in quite a bit of an investigation in order to prove that a person was served while they were visibly intoxicated. In some personal injury cases, there are no witnesses or very few witnesses. In dram shop cases, we need to establish that a person was served alcohol while visibly intoxicated, and that typically involves interviewing or deposing everyone we can find who came into contact with the person alleged to be drunk.
Additionally, we typically hire toxicologists to testify about the effects of alcohol on a person’s ability to function. One of the most important things that is relatively new and helpful in dram shop cases is that most businesses have video surveillance cameras. This is often a fertile place to find evidence that a business was serving alcohol to a visibly intoxicated person.
What is The Statute of Limitations For a Dram Shop Case in Pennsylvania?
For a dram shop case in Pennsylvania, the statute of limitations is two years from the date of the event. It is the same for most other kinds of personal injury cases, although there are some other kinds of cases where perhaps a person was not aware of the conduct or was not aware of the events until later. For example, in a medical malpractice case, a victim of medical malpractice might not be aware that malpractice was committed on them sometimes for days, weeks, months or even years. This can extend the statute of limitations. In a dram shop case, there really is not an easy way to extend that two-year statute of limitations.
When it comes to dram shop cases, an attorney needs to get involved early. This is because the evidence that a person was visibly intoxicated while they were being served alcohol can disappear pretty quickly. Witnesses forget details, and businesses typically retain videotapes for a very limited period of time, so if anyone is involved in an accident where they think alcohol was involved, and if there is a possibility of pursuing parties other than the person who was driving the car, then an attorney needs to get involved early.
For more information on Dram Shop Cases In Pennsylvania, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 1-844-334-6654 today.