Drunk driving is a major global issue, with thousands of fatalities resulting from DUI accidents annually. Often, the drunk driver has just left a bar or club where they ordered copious amounts of alcohol, leading to severe intoxication. People injured by drunk drivers are often left with extensive financial losses due to the accident. These losses lead them to question whom they can sue to recover damages.
You’ve probably heard about some cases where the bar was deemed partially liable for an accident caused by an intoxicated patron. Let’s explore dram shop laws, how they apply in California, and what you need to know if a drunk driver has injured you.
Understanding Dram Shop Law
Dram shop laws, or liquor liability laws, enable DUI-injured victims to hold the supplying establishment responsible for the resulting damages. Dram shop laws were put in place to reduce the number of DUI accidents caused by overserved patrons. The potential for facing criminal charges has led many bars and clubs to limit the number of drinks a single patron can purchase at one time.
Dram shop liability doesn’t completely absolve the driver of responsibility. But it also holds the business accountable for failing to ensure the safety of its patrons and the general public. However, dram shop laws vary slightly between states, with some imposing strict regulations and others holding the driver entirely liable.
Dram Shop Laws in California
In California, dram shop laws do not hold bars and clubs responsible if an intoxicated patron causes an accident. In almost every situation, the driver will carry the full weight of liability for their negligent actions. However, a bar or club may still face some repercussions for continuing to serve alcohol to a customer despite visible signs of intoxication. Bars and clubs may face misdemeanor charges, but they typically won’t face civil or criminal charges.
Providing Alcohol to Minors
While California dram shop laws do not consider a bar or club responsible for its patrons’ actions after leaving the establishment, there are severe consequences for anyone who serves alcohol to a minor. Across the United States, any bar, club, restaurant, or private citizen who provides alcohol to anyone under 21 can face criminal liability when that minor causes an accident.
Should a club or bar serve alcohol to a minor who is already visibly intoxicated, the consequences may be even more serious. While it’s not always possible to determine someone’s age, establishments in California that serve alcohol must check the ID when an intoxicated person tries to order alcohol.
Proving Dram Shop Liability
If an intoxicated driver in California injures someone and wants to sue the bar or club that served the driver, they will bear the burden of proof. A plaintiff must be able to demonstrate that the bartender knew or should have known that the driver was either underage or heavily intoxicated. However, proving that a bartender knowingly served alcohol to someone they shouldn’t have served is exceedingly challenging.
For example, if a 20-year-old goes to a club with a fake ID and orders a drink from a busy bartender, the situation changes. If the minor does not appear visibly intoxicated, it is almost impossible to hold the server responsible for an accident caused by the minor later that night. To sue the bar, the injured party must provide irrefutable evidence that the bartender was negligent in some way.
CCTV footage can serve as evidence against a store and attendant if a teenager showing signs of intoxication, such as stumbling or slurred speech, is still able to purchase alcohol. Punishment in California is particularly severe when minors are involved. Thus, if there is enough proof, the liable party can face criminal charges.
When everyone involved in the accident is a legal adult, proving dram shop liability becomes even more difficult. Everyone displays drunken behavior differently. So, someone who drinks regularly is typically able to disguise it. Most teenagers have usually not experienced intoxication and act abnormally under the influence. In contrast, it can be challenging to prove inebriation in an adult.
Most establishments that serve alcohol are aware of their responsibility to keep their patrons and the public safe. When a bartender even suspects that you may be intoxicated, they will likely refuse to serve you. Bouncers also play a critical role in ensuring the safety of patrons, which is why they will immediately remove someone who shows signs of intoxication.
Navigate Liquor Liability With Legal Support
Revelry is to be expected in any establishment that sells alcohol. But, once the level of intoxication becomes dangerous, behavior becomes unpredictable. While Dram Shop Laws in California typically protect the establishment. There are situations where, with sufficient evidence, they may be sued for damages caused by a patron.
If a drunk driver has injured you, contact HHJ Trial Attorneys to schedule a free consultation. We will assess your case and help you determine who may be liable for your damages. Even if a bar or club can’t be sued, there are other options for pursuing compensation for injuries caused by a DUI.
