Indiana’s Dram Shop Act was enacted as a way to hold bars, restaurants and other establishments responsible for any damages caused due to them over serving their patrons. If an establishment knowingly serves a patron who is visibly intoxicated, they could be responsible for any of the damages that individual causes as a result of their intoxication. A common situation in which this act is applied is in accidents caused by drunk drivers. If an individual had been over served at a bar or restaurant and then that individual causes an accident after leaving the restaurant, then the bar could be found responsible for the damages caused by that driver.
Under the current Indiana Law two requirements must be shown in order to hold the establishment liable for the damages caused. You must be able to prove that (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 you have been involved in an accident caused by a drunk driver and you believe they may have been over served prior to the accident, it may be wise to discuss your case with an attorney. These types of cases will require a great deal of effort to investigate and develop the facts that are needed to prove your case. Immediate investigation into the circumstances at the restaurant and interviewing witnesses may be necessary.
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 attorneys to help get you the compensation you deserve.