Definition: A dram shop is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold.

When is an establishment liable for over-serving a patron who injures someone because of intoxication?

Dram Shop: Scenario One

Let’s say you get over-served alcohol while at the bar with some friends. After having a few too many, you hurt someone because you got intoxicated. In that instance, you to do NOT have a case against the ownership of the bar. They are not at fault because YOU are responsible for your own behavior.

However, be careful not to assume.

Dram Shop: Scenario Two

This time, let’s say you get over-served at a bar with some friends. You get into the passenger seat of a car where the driver was also over served. In this scenario, you likely do have a claim against the bar that over served the driver. Sure, you became intoxicated of your own free will. Yet, your intoxication did not cause the accident.

If someone else was over-served alcohol and hurts someone then a dram shop action against the establishment may be available.

 

Scenarios where a dram shop holds some liability

1.       An over-served patron becomes rowdy and belligerent then attacks another patron

2.       An over-served patron gets behind the wheel of a car and causes an accident.

These cases demand proof of over-serving of the bad actor. So, getting witness names and contact information is critical. So is preservation of any surveillance video.  Also, obtaining payment of the tab records before they get destroyed is optimal.

The establishment may have some fault for an innocent person’s injuries because they over-served a patron. However, it is still going to be the patron’s fault too for drinking too much.

Indiana is a “comparative fault” state. Comparative fault is where a jury would assess a percentage of fault to all parties involved including the patron and even the victim.

 

A quick illustration. 

An over-served drunk patron gets into an argument in the bar that escalates into his or her outburst of anger. In the process the drunk patron hits another patron with a beer bottle causing the loss of an eye.  This case goes to a jury and the jury in instructed to access fault, if any, to the victim patron, the over-served patron, and the bar.  Most juries would likely put most of the fault on the drunk patron and some of the fault on the bar for over-serving. They may put some fault on the victim if the victim could have done more to have avoided the situation.

Therefore, these kinds of cases can be difficult for victims. In the case of a bar fight the offending patron will not have insurance coverage for the harm he or she causes. This is because homeowner’s insurance policies are going to exclude coverage for harm caused by intentional bad acts.  People like Bill Gates don’t get in bar fights. It’s usually some destitute alcoholic that gets in this type of jam.  The offender is usually judgment proof. So, the only source of potential recovery for the victim is from the bars insurance coverage. This is only if you can prove that the bar over served the bad actor. Then, the bar is only liable for its percentage of fault of the victim’s injuries.

 

Example:

The victim’s damages are $1,000,000 and the jury says the drunk patron is 75% at fault and the bar is 25% at fault.

That would mean the bar would only be liable to the victim for $250,000. The victim would then have a worthless judgment against the drunk bum for $750,000.

If you, or someone you know, was injured because someone was over served alcohol then you need a lawyer with the experience and understanding of the pitfalls of these type cases. Contact one of our Personal Injury Lawyers today online here or call 317-842-8283.

Author

Chris Garrison

Chris Garrison

Managing Partner | Personal Injury Lawyer

Chris grew up outside of Cumberland, Indiana on the Indianapolis far eastside. His father was a medical doctor for 40 years serving Marion and Hancock County residents. Chris says his dad practiced medicine in the “Wild West” because he made house calls, delivered 900 babies, and examined farmers on the pool table in the basement to stitch up their injuries. It was in this environment that Chris developed a keen interest in science and medicine. Although becoming a doctor was never his desire, working in his personal injury practice has allowed him to enjoy the medical and scientific side of his practice. Chris feels that his clients benefit greatly from having a lawyer that has spent his whole life in a scientific culture.

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