How Much Time Do I Have to File a Dram Shop Lawsuit?
If you or a loved one has been involved in an accident involving alcohol, it’s important to understand the timeline surrounding a dram shop lawsuit. Dram shop laws allow injury victims to pursue compensation from bars, restaurants, nightclubs, and other establishments in the wake of alcohol-related accidents. These laws hold businesses to a high standard for selling and serving alcohol. Continue reading to learn more about dram shop lawsuits and how they work in Utah. What Is Dram Shop Liability? Dram shop liability refers to the laws that can hold a business liable for serving alcohol to minors or intoxicated persons who later cause an accident resulting in death, injury, or property damage. Dram shop laws are implemented at the state level, so specific terms surrounding alcohol-related incidents vary depending on location. Utah’s Dram Shop Law In Utah, every licensed establishment is required to sell and serve alcohol in a safe manner. If a business fails to do so and an accident ensues, the victims and their loved ones can claim financial compensation from the establishment that served the alcohol in the first place. Section 32B-15-201 of Utah’s code specifies that a vendor can be deemed liable if drinks were served under any of the following circumstances: The patron is under the legal drinking age of 21 (a minor) They are clearly already under the influence of drugs or alcohol They are a known interdicted person (someone who has been court-ordered to avoid drinking alcohol) Any of these violations can be used as the basis for a dram shop claim. Utah’s Social Host Liability Laws Utah has an additional violation that extends to private parties. Social host liability laws state that a social host can be held responsible for any unfortunate aftermath caused by a minor under age 21. If they are an adult who knowingly serves alcohol to a minor, they can be held liable according to the law. Statute of Limitations Just like any other lawsuit, a dram shop lawsuit claim has a rigorous statute of limitations. This varies from state to state, but in Utah, the legal time limit is two years from the date of the incident. This timeframe is imperative to keep in mind when seeking litigation. Flickinger Sutterfield & Boulton Can Help You Receive Maximum Compensation If you or a loved one has been injured in an accident involving alcohol, you deserve compensation from all responsible parties in the form of a dram shop lawsuit. While the other driver may not have the resources to cover the full extent of your injuries, those who supplied the alcohol that led to your accident may also be liable. The attorneys at Flickinger Sutterfield & Boulton are here to help you determine where dram shop liability applies. We are proud to serve clients throughout Utah and have offices located in Orem, Provo, Saratoga Springs, and West Jordan. Reach out today to get started and schedule your free case evaluation.
Dram Shop Liability
DRAM SHOP LIABILITY ATTORNEY Dram Shop Liability: Pursuing Maximum Compensation from Negligent Parties If you or a loved one have been injured in an accident involving alcohol, you deserve compensation from all responsible parties. While the other driver may not have the resources to cover the full extent of your injuries, those who supplied the alcohol that led to your accident may also be liable. An attorney at Flickinger Boulton Robson Weeks can determine whether dram shop liability applies, meaning the person or business who supplied the alcohol to the drunk driver is at fault. With conveniently located offices, our firm serves clients throughout Utah. We are committed to assisting victims of these life-changing accidents and give each case the personalized attention you deserve. If you have been injured by a drunk driver, call our office at (801) 500-4000 or contact us online for more information. Bars, restaurants, clubs, and other establishments which sell alcohol can all be held accountable for serving intoxicated patrons. Understanding Dram Shop Liability Dram shop laws allow the victims of DUI (driving under the influence) accidents to pursue compensation from every party responsible. In Utah, this liability can extend to both alcohol-serving establishments and private social gatherings where alcohol is served. If a person receives alcohol from another individual or establishment and goes on to cause an accident, in some cases, that party can be held liable. While the other driver may not have the resources to cover your treatment costs, those who supplied the alcohol that led to your accident may also be liable. As with other personal injury lawsuits in the state, a dram shop lawsuit must be filed within two years of the accident. Time is of the essence, and delaying action could affect the outcome of your case. How a Lawyer Can Help Drinking establishments and other parties will always try to protect their best interests. Together with their legal team, they might argue that their actions did not cause the accident. Our lawyers can help determine if the establishment or person breached their civil responsibility by: A lawyer can help prove that an establishment or individual acted recklessly and dangerously, directly leading to the DUI accident that caused your injury. Why Choose Our Firm? When pursuing a dram shop liability case, the owner of the establishment or person who provided alcohol will have their own defense as to why they are not responsible. You need a dedicated attorney on your side to help you focus on your injury while we work to secure compensation for your suffering. If an insurance company attempts to settle your case, wait until you have spoken with our office. We will settle for nothing less than maximum compensation for your injuries and the lifelong effects they will have. Schedule a Consultation The attorneys at Flickinger Boulton Robson Weeks have the qualifications and resources necessary to properly handle your personal injury case. For more information about dram shop liability, contact us online or call our office at (801) 500-4000. Related to This