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.
What is Dram Shop Liability?
Dram shops were establishments that sold gin in 18th century England. Although the term is dated, there are dram shop laws that make a business or person liable if they provide alcohol to someone who was clearly intoxicated. This law may sound shocking, but an injured plaintiff (victim) can sue the bar, alcohol retailer, or citizen who served a defendant (perpetrator) an alcoholic beverage. Continue reading to learn more about these interesting dram shop laws. Information on Dram Shop Liability Dram shop liability refers to the civil liability that a car accident victim can impose against a bar or tavern for providing a drunk driver with alcohol. Surprisingly, this type of liability can also be extended to restaurants that sell alcohol. These laws are implemented at the state level, so each state decides how much or little it wants the establishment to be held liable for the actions of a drunk driver. Below are frequently asked questions regarding dram shop liability. Q: Does Utah Have Dram Shop Laws? A: In Utah, under certain situations, the injured victim may file a lawsuit against the business or person who provided the defendant with alcohol. When a case involves an alcohol vendor, it’s known as a dram shop claim. On the other hand, if it includes a social host who provides alcohol to a minor, it’s known as a social host liability claim. Section 32B-15-201 of Utah’s penal code states an alcohol vendor is liable for injuries and damages suffered by a victim in an alcohol-related accident if they “give, sell, or otherwise provide an alcoholic product” to someone who is: Under age 21 Already under the influence of drugs or alcohol “A known interdicted person” (someone who has been ordered by a court not to consume alcohol) A person who receives alcohol and causes an accident due to ingesting it Q: What is the Purpose of Dram Shop Liability? A: Since alcohol consumption can inhibit a person’s judgment, a drunk driver who causes a collision may be driving faster than a driver who isn’t impaired. Furthermore, the limits on an insurance policy might not be sufficient to fully compensate victims for their injuries. Q: How can I prove liability in a dram shop case? A: It can be challenging to prove that a business or social host is at fault under dram shop laws because everyone has different tolerance levels. For example, a bartender may not be aware that a patron is drinking on an empty stomach or may think the patron is walking home. Generally, to recover damages, the plaintiff must prove that the vendor should have known the defendant was so drunk, that more alcohol would increase the risk of danger to the patron and others with whom they come into contact. Flickinger Sutterfield & Boulton Can Help Dram shop claims are only available to third-party individuals who have been injured due to the provision of alcohol to a customer. An experienced dram shop liability attorney from Flickinger Sutterfield & Boulton can prove that an establishment or person acted negligently, resulting in the DUI accident that caused your injuries. Our team has the qualifications and resources necessary to handle your case. We have offices throughout Utah County and West Jordan. Schedule your free case evaluation today.