Drinking and driving is a serious criminal offense that can result in consequences from jail time to fines and loss of license. In some instances, it's possible that individuals other than the driver behind the wheel may be found liable in a DUI-related personal injury case. So-called dram shop laws hold businesses and individuals who serve alcohol accountable for car and truck accidents caused by over serving someone—under certain circumstances. Here’s a closer look at how they apply.

What Are Dram Shop Laws?

The term "dram shop" comes from 18th-century England, when it referred to establishments that sold gin. Today, dram shop laws make it possible for a bar, restaurant, or even a social host to be held legally liable for over serving alcohol to a person who subsequently got in a car or truck accident.

To win a dram shop case, the injured plaintiff must prove that the defendant acted negligently. For example, if a bar patron was clearly drunk but they continue to serve him or he was then allowed to leave without question.  Another fairly common scenario occurs if the person who was inebriated was underage and then injures himself or others.  If so, the bar or person who served them may also be found to be at fault.

Types of Dram Shop Cases

Dram shop cases can be first- or third-party. In a first-party case, the drunk driver may file a claim against the establishment that served them alcohol under certain circumstances. 

Third-party dram shop cases occur when the victim of a car or truck collision brings an action against the bar or person who over served the driver who caused the wreck. The innocent third party may take legal action against the drunk driver as well.

The Law Offices of Adrian L. Falgione LLC have been helping clients injured in DUI-related cases since 1989. Attorney Falgione is an experienced trial lawyer, handling seriously injured people as a result of truck and car wrecks as well as product liability law. He and his team are dedicated to their work, providing aggressive representation that prioritizes the client's needs. Review their practice areas online. For an appointment in Lexington, SC, call (803) 957-6543.