Yes, under certain circumstances, you can sue a bar or alcohol-serving establishment for injuries resulting from an alcohol-related accident. These claims fall under dram shop laws, which hold businesses liable for over-serving alcohol to patrons who then cause harm to others.
What Are Dram Shop Laws?
Dram shop laws are state-specific statutes that allow injured parties to hold bars, restaurants, or liquor stores legally responsible for damages caused by an intoxicated customer. The term “dram” refers to an old unit of alcohol measurement, but today it represents any commercial alcohol provider.
In California, for example, dram shop liability is limited, but there are still scenarios where a claim may apply, especially involving minors or clearly intoxicated individuals.
When Can a Bar Be Held Liable?
To sue a bar successfully, one or more of the following must typically be proven:
- The establishment served alcohol to a visibly intoxicated person
- The establishment served alcohol to a minor
- The intoxicated person caused an accident or injury after being served
Bars are expected to train staff to recognize signs of visible intoxication, such as slurred speech, unsteady movement, or aggressive behavior. Continuing to serve someone who’s clearly impaired may expose the business to liability.
Common Scenarios That May Lead to Liability
- A bar continues to serve alcohol to a patron who is already stumbling and belligerent. That patron leaves and causes a car crash.
- A bartender fails to check ID and serves alcohol to a 19-year-old. The underage drinker then assaults someone outside the bar.
- A restaurant overserves a customer who later falls down a staircase on the property, injuring themselves and others.
Each case depends on evidence and the specifics of local law. A personal injury lawyer can investigate to determine whether the bar or server acted negligently.
What Evidence Strengthens a Dram Shop Case?
To hold an establishment accountable, you need to show that:
- The bar served alcohol to someone who was obviously intoxicated or underage
- That person directly caused your injuries
- The injuries were a foreseeable result of their intoxication
Helpful evidence includes:
- Surveillance footage showing over-service
- Eyewitness statements from staff or other patrons
- Police reports noting visible signs of intoxication
- Medical or toxicology records showing the patron’s blood alcohol content
- Receipts or tabs showing excessive consumption in a short time frame
This evidence can be used to establish that the establishment acted recklessly or failed to uphold its duty of care.
Challenges with Dram Shop Claims
- State laws vary: Some states limit or entirely prohibit lawsuits against bars for third-party actions.
- Burden of proof is high: You must clearly show the bar’s actions contributed to the harm.
- Bars often deny fault: Establishments may claim the individual appeared sober or was not served at their location.
Because of these hurdles, pursuing a dram shop claim requires a detailed investigation and strong legal representation.
What If a Minor Was Involved?
Most states, including California, allow claims against bars or individuals who serve alcohol to minors, regardless of whether the minor appeared intoxicated. These cases are taken seriously and often carry higher liability.
If a bar or liquor store provided alcohol to someone under 21 who then caused an injury or death, both the business and the individual server could face legal consequences.
Additional Legal Options
Even if dram shop liability isn’t available or is limited by law, injured victims can still pursue compensation by:
- Suing the intoxicated individual directly
- Filing a claim through their own insurance
- Exploring premises liability if the injury occurred on bar property due to unsafe conditions
Your personal injury lawyer will explore all possible routes to recovery based on your unique situation.
For more information about third-party liability, insurance coverage, and case strategy, Avian Law Group offers detailed guidance in their legal resources.
Frequently Asked Questions
Can I sue both the drunk driver and the bar?
Yes. In many cases, you can sue the at-fault driver and the bar that overserved them. Each party may be responsible for a portion of the damages.
Is it enough that the person was drunk?
No. You must prove the bar served them after they were visibly intoxicated or that they were underage. Simply being intoxicated is not enough to establish bar liability in most states.
What kind of damages can I recover?
You may be entitled to:
- Medical expenses
- Lost income
- Pain and suffering
- Property damage
- Punitive damages (in extreme cases)
Final Thought
Suing a bar for an alcohol-related accident is possible but complex. Dram shop laws vary by state and require specific proof that the establishment acted negligently. If you or someone you love was harmed by an intoxicated person who was overserved at a bar, consult a personal injury lawyer right away to protect your rights and explore your legal options.
Michael Avanesian, the founder and driving force behind Avian Law Group, is a passionate and dedicated attorney with a strong background in personal injury law. As a partner at JT Legal Group, Michael led the growth of the personal injury practice from a single employee to a team of over ninety professionals, securing over $2 billion in settlements for clients in just three years.
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