Dram Shop Laws: Restaurant Owners May Be Held Liable for Drunk Driving Accidents
Have you ever wondered what dram shop laws are? Suppose you or a loved one have been the victim of a drinking and driving accident. In that case, compensation may be an option if the driver had been over-served alcohol at a bar, restaurant, or another establishment that serves alcohol. Keep reading to learn more about dram shop lawsuits, the law in Utah, and what can be done. What Are Dram Shop Laws? According to Investopedia, dram shop laws are defined as laws that “hold a business liable for serving or selling alcohol to minors or intoxicated persons who later cause death, injury, or property damage to another person.” Essentially what this means is that under certain circumstances, a bar, restaurant, or any other establishment that sells alcoholic beverages can be held liable if the person they served causes damages after partaking in their intoxicating substances. In most states, only third-party dram shop lawsuits can be filed, which means that the injured person is someone other than the person who was served the alcohol. A select few states allow a first-party dram shop lawsuit to be filed where if the intoxicated person injures themself they can file against the establishment. However, first-person dram shop lawsuits are tough to win and can not be filed in the state of Utah. The Dram Shop Law in Utah Section 32B-15-201 of the Utah Code is the dram shop law in Utah. Essentially the law states that the restaurant or bar owner could be held liable for the actions of the intoxicated customer if they meet one of the following criteria: The patron was under the age of 21 The patron was showing noticeable signs that they were under the influence of intoxicating drugs or alcohol An example of the Utah dram law in action could sound like the following: Mike is already showing signs of being intoxicated (slurred speech, smells of alcohol, etc.) when he walks into a bar on 21st street. Even though the bartender notices these things, he continues to serve Mike drinks. Once Mike decides he wants to go home, he heads to the parking lot where he, unfortunately, gets behind the wheel and causes an accident while driving home. The victim of the accident can seek damages from Mike, but they can also file a dram shop claim against the bar on 21st street for continuing to serve alcoholic beverages even though Mike was apparently intoxicated. How Restaurants Protect Themselves Against Dram Shop Laws If you’re the owner of an establishment that serves alcoholic beverages, it’s essential always to be proactive when serving customers. Here are some things you should practice in your establishment to prevent a future dram shop lawsuit: Provide training for your employees to teach them responsible alcohol service Develop clear policies that will control the number of drinks that can be served to one person Refuse entry to anyone that is visible intoxicated Develop clear policies to check all customers’ identification Invest in an ID card scanning system Monitor tables where alcohol was legally served to an adult and customers under the age of 21 are present Let Flickinger Sutterfield and Boulton Represent You Whether you have questions about dram shop laws or are ready to take action, the law offices of Flickinger Sutterfield and Boulton are here to guide you and give the best legal advice. We’ll represent you and your case whether you’re looking for a settlement or taking your case to court. We believe that if you’ve been injured, you deserve fair compensation, and we’re willing to fight for that. With multiple offices in Northern Utah, from West Jordan down to Provo, our lawyers are ready to hear your case. Share your case with us today to get a free evaluation.
Dram Shop Laws in Utah
Alcohol-related accidents can be traumatic, but dram shop laws in Utah offer injury victims a powerful legal option to receive compensation. Dram shop laws hold establishments responsible to properly serve alcohol. Today, we are taking a closer look at how these laws work in Utah. What is Dram Shop Liability? Dram shop liability allows a car accident victim to pursue compensation against a bar, tavern, or restaurant for providing a drunk driver with alcohol. These laws are implemented at the state level, so each gets to decide the terms surrounding alcohol-related incidents. Violations of the Dram Shop Act Section 32B-15-201 of the Utah Code specifies that a vendor is responsible for injuries and damages in a DUI accident if the drinks were served under the following circumstances: The patron is under 21 They are already under the influence of drugs or alcohol They are a known interdicted person Utah Social Host Liability Laws According to the National Institute on Alcohol Abuse and Alcoholism, nine states, including Utah, have social host liability laws that are applicable to minors. These laws extend dram shop liability to cover social hosts who serve alcohol to minors at their own private parties. A social host cannot be held responsible for damages caused by an intoxicated adult, only a minor under age 21. A lot of elements come to play in these cases, so here is an example. Suppose Jane, a 20-year-old, attends a party hosted by her 23-year-old friend, Lucy, and liquor is served. If Jane causes an accident on the way home from the party, Lucy can be held liable by the victim that was involved in the crash. In this scenario, Jane would not be able to seek damages from Lucy, even if she was injured. Only the third-party individual can seek damages in an under-the-influence car accident. Statute of Limitations Like any other civil lawsuit, dram shop laws are controlled by a statute of limitations. This serves as a legal time limit in which someone can pursue legal action. The statute of limitations for dram shop laws in Utah is two years from the date of the incident. How a Lawyer Can Help A dram shop liability lawyer can help determine if an establishment or person breached their civil responsibility in some way that directly contributed to the accident or injury. Here are some ways this breach can occur: Serving alcohol to a patron who was already drunk Exceeding the cap amount Not requesting proof of age Serving an underage patron Providing alcohol after closing time A lawyer will work for you, protect your rights, and seek maximum compensation from all responsible parties. Contact Flickinger Sutterfield & Boulton Dram shop laws in Utah allow the victims of DUI accidents to pursue compensation from every party responsible. If you or a loved one have been injured in an alcohol-related crash, Flickinger Sutterfield & Boulton can help you receive the justice you deserve. We have offices in Saratoga Springs, Orem, Provo, and West Jordan, Utah. Reach out to receive your free case evaluation today.
5 Dram Shop Laws You Should Know
Dram shop laws were created to hold businesses accountable for selling alcohol to minors and intoxicated patrons. Bars, restaurants, clubs, liquor stores, and other establishments that sell alcohol can be held liable for any damage or injury caused by an inebriated patron. Dram shop laws are implemented on a state level. These laws hold establishments responsible to properly serve alcohol. Here are five important ones that everyone should know. Selling to a Minor If a minor, under the age of 21, is intoxicated and causes physical injury, property damage, or death, the business that sold the alcohol can be held liable for that accident under the dram shop law. It is imperative that businesses only sell alcohol to persons of the legal drinking age or litigation can come their way. Appearing Intoxicated Businesses may also find themselves liable if they sell alcohol to a customer that appears to be under the influence of drugs or alcohol. If the server is aware that the customer is already drunk, but serves them anyway, the business can be held accountable for any destruction caused from driving under the influence. An Interdicted Person Interdiction refers to the act of depriving a person the right to handle their affairs because of mental incapacity. An interdicted person is prohibited by law to be in possession of alcohol unless a health care professional writes a prescription for them. Businesses are not allowed to serve alcohol to an interdicted person under the dram shop law. Limited Social Host Liability In limited circumstances, the host of a party or an event can be held liable for serving alcohol to a minor who later causes harm. This only applies if the person being served the alcohol is under the age of 21. If a legal adult is served alcohol and causes damage while impaired, the host of the party cannot be found liable. Statute of Limitations Like most laws, dram shop regulations are controlled by a statute of limitations. In Utah, the statute of limitations on these laws is two years. If a suit is filed more than two years after the incident, the case will be dismissed. This timeframe is imperative to keep in mind when seeking a dram shop litigation. Don’t hesitate to pursue legal action if you find yourself a victim of a DUI (driving under the influence) case. Which States Have Dram Shop Laws? According to the National Conference of State Legislatures, thirty states have statutory provisions that allow licensed establishments to be held liable for selling or serving alcohol to individuals who cause injuries or death as a result of their intoxication. Flickinger Sutterfield & Boulton Can Help Dram shop laws allow the victims of DUI accidents to pursue compensation from every party responsible. If you or a loved one have been injured in an accident involving alcohol, Flickinger Sutterfield & Boulton can help you receive the justice and compensation you deserve. We have offices throughout Utah County and West Jordan, Utah. Please contact us to schedule your free case evaluation today.
What Does a Dram Shop Liability Lawyer Do?
If a person becomes injured because of a drunk driver, an intoxicated attacker, or the negligence of an inebriated individual, dram shop laws allow you to sue and hold businesses or their employees liable for damages. Establishments and their employees who provide alcohol to an intoxicated person can be held. Learn more about what a dram shop liability lawyer does below. Definition of a Dram Shop Liability Lawyer If you or someone you love were in an accident involving alcohol and became injured, you deserve compensation from all responsible parties. The individual that caused your injuries may not be the only one held liable — the business (or their employee) may also be held accountable for damages responsible and accountable for your injury. This means a victim (or injured plaintiff) can sue a restaurant, bar, or another alcohol retailer, as well as the individual who served the perpetrator alcohol. When an unfortunate event, such as this, occurs, it is important to seek the counsel and guidance of a dram shop liability attorney. A dram shop liability lawyer will determine whether or not dram shop liability applies. If the person or business who supplied the alcohol to the perpetrator is also at fault, your attorney can help you receive the compensation you deserve. Obtaining this compensation may not be possible without the representation of a dram shop liability lawyer, it is, at very least, much more difficult. A dram shop liability attorney will work for you, protect your rights, and give you the guidance you need during this challenging time. Why Should I Hire a Dram Shop Liability Attorney? Proving fault in a dram shop case can be a challenging task. It can be difficult for the bartender, restaurant, or waiter to know how much a patron has already had to drink, how much alcohol they can handle, or whether they are drinking on an empty stomach or not. But to win your dram shop liability case, you will need to prove that the perpetrator was obviously and apparently drunk (to you and other people). Some people do a decent job pretending they are sober and may not seem drunk at all. While the individual’s blood-alcohol level will be taken into account, it may not be evidence enough. Taking this head-on without a knowledgeable and practiced lawyer is overwhelming and daunting for most. An attorney who has years of experience in dram shop liabilities and the knowledge to back it up dramatically increases your chances of a successful outcome. It is best to talk to a personal injury attorney as soon as possible in these cases, so you can gather as much evidence and witnesses while possible. The Attorneys at Flickinger Sutterfield & Boulton Can Help The skilled lawyers at Flickinger Sutterfield & Boulton have extensive experience in handling dram shop liability claims. With over 50 years of combined legal knowledge and experience, our team of attorneys will provide comprehensive representation and help navigate this complex process. Schedule your free case evaluation at one of our offices throughout Utah County and West Jordan today.