Dram Shop Lawyers
in Media, PA

Dram Shop Laws, What Are They?

The name dram shop law comes from the term ‘dram,’ an old British unit of measurement of alcohol. So, a dram shop is an establishment that furnishes alcoholic beverages. Almost all the states in America have a type of dram shop law. But the situations where dram shop liability will apply varies from state to state.

Most dram shop laws fall under the state and not the federal government. They are a way to help the state reduce the number of drunk drivers on the road by giving establishments that serve alcoholic beverages responsibility. If a dram shop attendant furnishing alcoholic beverages notices that a client is visibly intoxicated, they must cease serving them. They should also ensure that the visibly intoxicated person does not drive.

So, dram shop laws help people with injuries inflicted by another person’s intoxication. They can also be held liable for any personal injuries inflicted when the intoxicated individual was drunk. So, these laws assume dram shops are a proximate cause if any of their attendants or anyone authorized to sell alcohol knowingly serves alcoholic beverages to intoxicated persons.

Some of the things that liquor stores or commercial establishments serving alcohol should look out for are:

1. Lawful drinking age.

2. An obviously intoxicated person.

3. A person habitually addicted.

4. A person with significant physical dysfunction.

5. A patron with significantly uncoordinated physical action.

If any dram shop serves alcohol to any of these people, they are the proximate cause of any damage suffered.

What is Dram Shop Liability?

It refers to the civil liability that may be imposed against a dram shop according to the dram shop act. It means that any establishment that sells intoxicating liquor to an intoxicated patron can be held liable for any civil damage such person causes.

Can A Third Party Be Held Liable for Providing the Alcoholic Beverages?

A third-party dram shop case will exist if someone other than the drunk patron gets injured. The dram shop will be held liable for the injury caused and may be required by law to compensate the victim.

For a personal injury lawyer to have a strong case for any third person in Pennsylvania, some requirements must be met. According to the dram shop laws, a person licensed or an establishment will not be held liable for damages inflicted on a third person unless:

• They served alcohol to an intoxicated person.

• Sold to a habitual or common drunkard.

• Or are the cause of an intoxicated minor.

However, to have this type of case, the third party must prove that the establishment sold alcohol to the intoxicated person and that the injury or death sustained was caused because they served alcohol to the patron.

Social Host Liability

Social host liability refers to the laws that are put in motion if a drunkard causes an injury after receiving alcohol at a social event. Unlike dram shop laws which only hold establishments that sell alcoholic beverages, social host liability holds anyone that provides an alcoholic beverage.

If the alcoholic beverage was served to an obviously intoxicated person or a person below the legal drinking age and they cause damage, the social hosts will be held liable.

Damages And Time Limits for Dram Shop Law Claims?

Dram shop law claims also have a time limit to them. The time limit is a factor, especially because the evidence is critical to making a case. You need to gather enough evidence that shows the intoxicated person’s condition was the cause of the damages. In other words, the accident and the injuries resulting from the accident happened because of intoxication.

You will need witnesses that may testify that the dram shop sold an alcoholic beverage to someone who was a clear danger to himself or the public. Any establishment that unlawfully sells liquor to patrons that subsequently injure other persons is liable for the injuries caused.