When serving alcoholic beverages, it’s important to be attentive, especially when you see someone who’s clearly already had too much to drink. If you continue to serve an inebriated individual and they harm themselves or someone else, a dram shop liability claim can be filed. Because these claims are complex, you should work with a criminal defense attorney who possesses the right experience to ensure your case receives the attention it deserves.
What Is Dram Shop Liability?
Anyone serving alcoholic beverages in the state of Massachusetts could face a dram shop liability claim should an already inebriated individual be provided alcohol. Criminal defense attorneys often see these liquor server liability claims arise after a drunk driving incident where bodily harm or property damage occurs. The law states that it is up to the purveyor of alcohol to recognize the signs of inebriation and refuse to serve that person. Dram shop liability is also an issue regarding fights or other unlawful behaviors.
What Are the Elements of a Dram Shop Claim?
Like other personal injury claims, a dram shop claim has certain elements that must be established to be successful. The first is duty, which means the person serving alcohol must act in a reasonable manner. The next involves breach of duty, which refers to the unreasonable behavior that led to an intoxicated individual being served. Lastly, an injury must have been sustained, and it must be shown that the injury stemmed directly from the unreasonable actions of the person providing alcoholic beverages.
For more information on filing a dram shop claim, contact a criminal defense attorney for assistance. If you or someone you know was injured as a result of being over-served, the Bellotti Law Group, P.C. in Boston, MA, has both the skill and the experience to handle your case. Schedule a consultation with one of their criminal defense attorneys by calling (617) 778-1000. Visit the website for more information on their practice.