Bar and Restaurant Liability for Over Serving: Dram Shop Liability

Published: February 13, 2017

Do restaurants and bars face any consequences for over serving?

Drunk driving has been a serious issue in this country for decades. If you have been injured by someone's impaired driving you may be asking who all can be held responsible. The first party that is often named is the drunk driver themselves. This individual will be responsible for driving while being impaired and causing the accident. One lesser known and often overlooked party that could potentially be named in a lawsuit is the restaurant or bar who over served that individual.

Under Indiana's Dram Shop Laws, any establishment who served that individual alcoholic beverages could face liability. In order to hold these establishments responsible for the accident, certain requirements must be met and proven. Under Indiana Code § 7.1-5-10-15.5 the following two conditions must be met

(1) The person furnishing the alcoholic beverage had actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished;

AND

(2) the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury, or damage alleged in the complaint.

Ind. Code §7.1-5-10-15.5. If these two conditions are met then the establishment may be liable for the damages caused by the impaired driver's accident. The damages that can be recovered in a dram shop case are those that could be recovered in any personal injury case. These include medical expenses, pain and suffering, loss of wages, property damage, and compensation for any disability just to name a few of the more common ones.

One of the biggest hurdles to establish liability is proving that the person furnishing the alcohol had "actual knowledge" that the person being served was "visibly intoxicated". It is important to consult an attorney to discuss the facts of your individual case.

Have you or someone you know been hurt or injured at the hands of a drunk driver?

The attorneys at Vanderpool Law Firm are here to work for you. At Vanderpool Law Firm, PC you will deal directly with one of our knowledgeable and experienced attorney to help get you the compensation you deserve. Call us today at (574) 268-9995 to discuss your case.

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