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.
Who is Legally Responsible in Drunk Driving Accidents?
Drunk driving accidents can result in physical and emotional pain, as well as financial difficulties. Impaired driving is illegal and life-threatening. Continue reading to learn more about the dangers of driving while intoxicated. Drunk Driving Accidents Explained If intoxicated driving is so dangerous, why do people do it? Some people do it so that they can make it home after drinking at a bar or restaurant. The victim of a drunk driving collision must understand which steps to take right after the accident while coping with the initial shock and trauma of the crash. They often sustain debilitating, sometimes life-threatening injuries as a result, so it’s crucial to understand which parties may be held legally accountable. Often, multiple parties can be held responsible. Discover more about liability in intoxicated collisions below. The Drunk Driver In every personal injury case, the victims must prove that their injuries are the result of the defendant’s negligent behavior. Driving under the influence qualifies as negligent behavior because it endangers other drivers. Although most people know that drunk drivers can be held liable in intoxicated driving cases, they aren’t the only party that may face repercussions. Bars and Restaurants Believe it or not, the licensed vendor that sold the drunk driver alcohol may be held responsible for a victim’s injuries in some states. For instance, in Utah, three potential violations can serve as the foundation for a lawsuit: Serving alcohol to a minor (someone under age 21) Serving alcohol to someone who is already under the influence of drugs or alcohol Serving alcohol to an interdicted person, which is someone who has been ordered by a court not to drink alcohol. A victim can use all three of the above violations in a dram shop claim if the perpetrator drives while intoxicated or starts a bar fight later on. For instance, let’s say a bartender continues to serve a man who is clumsy, slurs his speech, and is visibly inebriated. If he gets into a car accident on his way home and hits another driver, the vendor may be held liable for continuing to serve a visibly drunk patron. On the other hand, the vendor may not be held liable if they stopped serving the man drinks once they noticed that he had one too many. Social Hosts People who serve alcohol to guests in their home are known as social hosts, and sometimes, they can be held liable for a victim’s injuries. For example, if a woman hosts a party with alcohol in her house, she must confirm that every person drinking is over 21. Furthermore, she must watch her guests carefully to determine who is drinking too much so that she can stop serving them alcohol. It’s important to note that in Utah, social hosts can only be held liable if the perpetrator of a drunk driving accident was a minor under 21. If a drunk adult causes a car crash, the social host won’t be found liable. Flickinger Sutterfield & Boulton is Here for You Establishing fault in drunk driving accidents is difficult when there are multiple parties involved. If a drunk driver recently struck you, an experienced dram shop liability attorney from Flickinger Sutterfield & Boulton can help you receive compensation. We have offices in Utah County and West Jordan. Schedule your free case evaluation today.