When impaired people get behind the wheel of a car or truck, they are immediately putting everyone they share the road with at risk. Drunk driving accidents often have devastating consequences, including physical injuries, property damage, and potentially wrongful death. However, these drivers are not always the only parties at fault.
When drunk drivers are overserved by a bar or restaurant prior to an accident, that business could face civil liability under the law. A skilled personal injury attorney could pursue legal action against them based on their failure to refuse service to an impaired person. Dan Doyle is a King of Prussia dram shop and liquor liability lawyer who also owns a bar and is well-versed in liability law that often factors into these cases.
The term “dram” is an antiquated way to describe an alcoholic beverage, and a dram shop refers to bars and restaurants that serve liquor and other alcoholic drinks. These establishments have an obligation to be cautious when serving people who are intoxicated. When they fail to uphold this obligation and an accident occurs, they could be liable for civil damages.
In these cases, bars and taverns could be liable if they overserve a person who goes on to injure someone else in a motor vehicle accident. These civil lawsuits are separate from any criminal DWI arrest. Instead, dram shop claims seek financial compensation from the business.
The law prohibits the sale of liquor or other alcoholic beverages to anyone who is visibly intoxicated. Whether or not a person is visibly impaired is a subjective question. Proving that these businesses or their employers knew they were overserving can be challenging, but a King of Prussia dram shop and liquor liability attorney could help establish any negligence.
Suffering injuries in this way can have costly consequences. The good news is that a successful civil claim could provide damages for the plaintiff based on their losses. An attorney serving King of Prussia and Malvern could pursue the following forms of compensation in a dram shop / liquor liability case.
For people injured by an impaired driver, their top priority is often finding a way to pay for their medical care, which can be as overwhelming as they are unexpected. While a successful civil lawsuit cannot erase these wounds, it could pay for care like surgical procedures, physical therapy, or hospitalization.
Suffering a serious injury from a crash can cause a person to miss weeks or months of work, resulting in financial strain caused by the loss of their primary source of income. Thankfully, plaintiffs have the opportunity to recoup those lost wages. A dram shop lawsuit could provide damages based on the amount of time a person missed from work while recovering from their injuries.
Drunk driving incidents go beyond physical harm to individuals. A plaintiff might also be entitled to recover compensation based on the damage to their personal property. This typically comes in the form of repairing or replacing a damaged vehicle.
While it is possible to secure some financial justice in these cases, it is important to understand that dram shop lawsuits are often complex. It can be challenging to establish a business or its employees knew a customer was impaired. Because of this level of complexity, you could benefit from a discussion with a King of Prussia dram shop and liquor liability lawyer – especially one who owns a bar and has a deeper understanding of what a business is required to do. Call today to get started with a free case evaluation.
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