How to Pursue a Dram Shop Liability Law Suit
Many people may not realize that in many states, vendors such as restaurants and bars are responsible for how much alcohol they serve their patrons. What does this mean? Well, if a bar serves enough alcohol to a patron and the bar's staff knows or should have known that the patron was intoxicated, the bar can be held liable for any damages and personal injuries this patron may cause due to their intoxication. In simple terms, if a customer gets drunk at a bar, drives home drunk and in the process, gets in a car accident, the bar that served him the alcohol can be held liable for these damages. This is called dram shop liability. If you have been affected, you can bring a dram shop liability lawsuit against the establishment, or dram shop. How do you pursue such a lawsuit? The obvious answer is to seek out an attorney, but there are other issues you need to consider before you drop that hefty consultation fee.
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Things You'll Need
- Itemized list of total damages
- Camera
- Name, address and phone number of dram shop
- Copy of the police report (if there is one)
Instructions
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First, determine if your state has dram shop liability laws by clicking on the link under "Resources." Approximately 15 states do not have dram shop liability laws for intoxicated adults and over half of these do not have dram shop liability laws for intoxicated minors.
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Prepare an itemized list of all your damages. List all property damages and medical expenses, including possible future medical expenses. You cannot itemize damages for mental anguish, but you can still ask for these damages in your claim to the full extent of the law. If your claim goes to court, these damages will be put in front of a jury to determine the full amount. If your suit includes wrongful death, itemize the funeral expenses and the wages the deceased earned and would have earned had he not died.
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Obtain the name, address and telephone number of the establishment that continued to serve the patron alcohol while the patron was intoxicated. Talk to the owner and the owner's insurance company about your possible claim. You may not be able to settle your claim without an attorney, but at the very least, the establishment should know that there is a claim and that you are serious about collecting on it.
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Take photographs of everything involved. Photographs of all property damage or bodily injuries will not only strengthen your claim, but they can be strong evidence in court and negotiations. Do not take photographs with a cell phone camera. Most of these photographs are not as clear as they would be if they were taken from a 35 mm camera or a digital camera.
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If there is one, obtain a copy of the police report for the accident. Thirty days after the accident, either go to the police department or mail in a request for a copy of the report. Call ahead and ask if there is a fee to obtain a copy before submitting your request.
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If negotiations with the owner of the dram shop failed, now is the time to hire an attorney. If you do not know of an attorney or do not have any friends or family members with recommendations, do not flip through the yellow pages and pick one at random. Visit findlaw.com for lists of reputable attorneys by state and practices of law. Do not pick private practitioners for a dram shop liability lawsuit. These lawsuits can be costly, so you will need a firm that has money to spend on your case. Also, firms are more likely to have free consultations and to work on a contingency basis.
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Schedule a consultation with an attorney. Take all of your information to your attorney consultation. Your attorney will need copies of all information you have on the dram shop, your written claim to the shop, any photos and the police report. If you ever have any questions as to what to bring to your consultation, never hesitate to call and ask your attorney. It saves time which will save you money later in attorney fees.
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Tips & Warnings
If you do not have property damage or medical expenses that total or will total at least $2,000, it will most likely not be in your best interest to pursue a dram shop liability lawsuit. Always remember that lawsuits are expensive, especially if they go to court.
