After a drunk driving or DUI-related car accident, it's not only the impaired driver who might face a personal injury lawsuit. Many states have passed "dram shop" laws that can be used to hold bars, restaurants, and other businesses liable when they serve (or over-serve) customers who then get behind the wheel and cause a car accident.
Let's look at the basis for "dram shop" laws, how and when a bar or restaurant might face liability for a drunk driving accident under these laws, and more.
What Are Dram Shop Laws?
Historically, the word “dram” has been used to describe a measurement of liquid. Though the term sounds (and is) pretty dated, a "dram shop" is simply any type of business that sells alcohol, including:
- restaurants
- bars, taverns, and pubs
- liquor stores
- nightclubs
- sporting venues, and
- concert halls.
While the wording of a given dram shop law varies from state to state, typically these laws prohibit the sale or service of alcohol to:
- people who are under 18, or not yet of legal drinking age, and
- people who are obviously intoxicated.
Dram shop laws can apply to individuals, like bartenders or servers, though restaurants and other businesses are almost always on the legal hook right alongside their employees if it turns out the worker violated a dram shop law in serving a customer.
Dram Shop Laws Vary (Widely) From State to State
In some states, bars, restaurants, and other businesses can only be liable for injuries caused by a drunk customer if that customer was underage. Other states' dram shop laws have a much wider reach. Get state-by-state details on dram shop laws (from Nolo.com).
Bars and Restaurants May Have a Legal Duty to Exercise Their "Right to Refuse Service"
You've probably seen signs posted in bars and restaurants, stating "We reserve the right to refuse service to anyone." That right extends to customers who are obviously intoxicated.
So, if a bar or restaurant chooses to serve alcohol to such a customer, the argument is that the bar or restaurant should be held liable if that person then gets behind the wheel of a car and causes an accident, since that's probably a foreseeable result of serving an already-drunk customer.
The argument here is that customers who are obviously intoxicated have probably lost their ability to exercise good judgment and stop drinking on their own, so dram shop laws shift some of that responsibility to the bar or restaurant.
Learn more about DUI consequences and enhanced penalties for drunk driving accidents and injuries.
How Do I Prove That a Bar Over-Served a Drunk Customer?
If you get into a car accident with a drunk driver and can prove that the driver got drunk in a bar or restaurant beforehand, you might have a dram shop lawsuit against the business.
You'll typically have to show that the establishment you're suing was somehow negligent (careless) or otherwise violated the law in connection with the service of alcohol, including by serving:
- someone who was underage
- someone who was already showing signs of obvious intoxication (stumbling, slurring words, nodding off), or
- someone who was allowed to remain at the establishment after closing time.
These cases aren't easy to prove. Showing that a bar or restaurant should have "cut off' a drunk customer usually means putting together different kinds of evidence, including:
- witnesses who can testify to observing the behavior of the customer, like obvious signs of their intoxication, and who can also testify that bar employees knew (or should have known) that the customer was already drunk even as they continued to serve them
- receipts and "tabs" showing when (and how much) alcohol was served to the customer
- security or surveillance video showing outward signs of the customer's intoxication, employees' interaction with the customer, and the timeline of events leading up to the drunk driving accident.
Watch the Statute of Limitations for Dram Shop Lawsuits
In every state, laws called "statutes of limitations" set a deadline for filing a lawsuit. Different time limits apply to different kinds of cases. In most states, the statute of limitations that will apply to a dram shop lawsuit is the same one that applies to most personal injury (or negligence-based) cases. Learn more about the statute of limitations in personal injury cases.
Bars and Restaurants May Be Entitled to "Notice" Before Being Sued
Some states require injured people to notify alcohol sellers of their intent to file a dram shop lawsuit within a certain amount of time. For example, before you can bring a Minnesota dram shop lawsuit to court, you must give notice of your intent to sue to the business you're planning on filing against, and you must do so within 240 days of hiring a lawyer to represent you.
Next Steps
After any kind of accident involving a drunk driver, it makes sense to talk with an experienced legal professional and get a sense of your options. Drunk drivers face criminal and civil consequences for their actions, but you might be able to sue the bar or restaurant that served (or over-served) them too.
Learn more about when you might need a lawyer for a car accident case, and get in-depth information on working with a personal injury lawyer.