Anyone who has been injured as the result of overserving by a bar, restaurant or other kind of establishment licensed to sell alcohol may be eligible to bring a claim in a dram shop case. A typical case involves an innocent bystander who becomes the victim of an act committed by someone who has been served too much alcohol. It is also possible to bring a case on behalf of the person who was intoxicated. Those cases are more difficult to bring successfully, but we have done it. Most cases involve an intoxicated person who causes a car crash, but we have also pursued cases involving events such as a fist fight started by someone who was served alcohol while visibly intoxicated.
The Pennsylvania Liquor Code makes it unlawful for a licensed establishment to sell, furnish, or give intoxicating beverages to (1) any person visibly intoxicated; (2) any insane person; (3) any minor; (4) habitual drunkards; or (5) persons of known untempered habits. While most cases involved someone who is visibly intoxicated or a minor, a licensed establishment may be held liable for money damages if it serves alcohol to any of the above.
How is Fault Determined in Alcohol-Related Accident Cases? Is The Impaired Driver Automatically at Fault?
No one would be automatically at fault, not even an impaired driver, in a car crash case. We have to prove that the driver acted carelessly or negligently in how they operated their car and that their conduct caused the crash. If someone was drunk and in a car but they did not do anything improper in terms of the way that they behaved or were driving, then they would not be found to be liable. We have to prove that they were careless or negligent in how they conducted themselves. In order to bring a dram shop case against the establishment that served the alcohol, we have to prove that the establishment served a person while they were intoxicated or while they were showing signs of intoxication, and that this violation of the law caused injuries.
In typical negligence cases, there is an interplay between the Pennsylvania Comparative Negligence Act and the Pennsylvania Fair Share Act, which deal with proportional fault and responsibility for payment of a verdict. In other types of cases, a party found to be at fault is only responsible to pay its percentage of an award unless it is found to be 60 percent or more responsible. In a dram shop case, a liquor licensee is found to be only 1 percent responsible remains jointly and severally liable for the entire verdict.
What Does Someone Have to Prove to File a Lawsuit Alleging an Establishment Served Alcohol to a Drunk Driver That Later Caused an Accident?
We have to prove that the establishment served alcohol to a person while they were showing signs of intoxication, and we have to prove that this violation of the law caused injuries.
Typically we look to a person’s blood alcohol content as a guide, but that in and of itself is not necessarily enough to prove that a person was intoxicated. In Pennsylvania, the limit for a person who has alcohol in their system and is driving is 0.08% of blood alcohol content. If you have a blood alcohol content of 0.08% or higher, then you are deemed to be intoxicated. However, it is possible that a person might have a blood alcohol content of 0.08% or higher and not show signs of intoxication. That is why we search for evidence through witnesses or with video to demonstrate that a person was acting in a way that demonstrated that they were impaired by the use of alcohol. This is the first thing we have to prove.
We also have to prove that intoxication caused the person to injure our client. Injuries usually occur due to the intoxicated person driving a motor vehicle, but they can happen in other contexts as well. For example, if a person has been overserved and they fall and get injured, then they might be able to bring a case against the establishment that overserved them. The idea behind this is that because of the effect that alcohol has on a person, especially in terms of impairing their judgment, a person might not intend to drink too much, but they reach that limit before they realize it. Due to the establishment continuing to serve them, that person loses their ability to make rational decisions about how much they are drinking. In addition to proving that the establishment broke the law, we have to prove that there were injuries and damages. If we can prove these things, then we can bring a case.
Can Contributory or Comparative Negligence Affect my Claim in an Alcohol-Related Accident?
There are some ways in which contributory or comparative negligence can affect a claim. This is typically seen when the person who is injured is the person who is intoxicated. In Pennsylvania, contributory and comparative negligence does not apply to dram shop cases in precisely the same way as it does to other types of cases. You need an experienced attorney to help you work through those issues.
What Are Recoverable Damages in Dram Shop Cases And Other Alcohol-Related Accidents?
The types of damages that we typically pursue are damages for past and future medical expenses, lost wages and lost earning capacity. When calculating damages, we can arrive at pretty certain numbers. We can project those numbers into the future and come up with numbers that are less certain. In addition, we pursue compensation for pain and suffering, inconvenience, loss of enjoyment of life’s pleasures, and not being able to do the things that you want to do physically or emotionally and that you would otherwise be doing.
For more information on Bringing A Claim In A Dram Shop Case, 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.