Is the Bar or Restaurant Liable if a Drunk Driver Caused My Accident after Being Overserved?
DUI crashes should never happen. The drunk driver is responsible for their actions, both criminally and civilly. At the same time, a bar or restaurant may share liability as well under Pennsylvania’s dram shop laws. These laws hold establishments that furnish liquor liable if they continue to serve an already visibly intoxicated person. Here, our Chambersburg drunk driving accident attorneys provide an overview of dram shop laws in Pennsylvania.
Note: A drunk driver (and their insurer) can still be held civilly liable for a DUI crash as well. A dram shop claim may be an additional cause of action that victims and families have in certain cases.
An Overview of the Dram Shop Laws in Pennsylvania
Dram shop laws exist to hold businesses that serve alcohol accountable if they overserve customers who then cause harm. The term dates back to taverns that sold alcohol by the “dram.” A dram is a unit of liquid measure. In Pennsylvania, these laws apply to licensed establishments such as bars, restaurants, and clubs. The Commonwealth’s dram shop law is codified in 47 P.S. § 4-497, which is part of the Pennsylvania Liquor Code. If a business serves alcohol unlawfully, they can be held liable for a resulting accident. There are two main situations when dram shop liability may arise:
- An establishment serves alcohol to a minor; and
- An establishment serves alcohol to a visibly intoxicated person.
How to Prove Liability in a Dram Shop Case
To succeed in a dram shop case in Pennsylvania, the injured party must establish that the establishment unlawfully served alcohol and that the unlawful service directly contributed to the accident or injury. Remember, liability arises if alcohol was served to a minor or a visibly intoxicated person. As with any legal case, comprehensive evidence can make the difference. Some of the most notable evidence that can be used to prove liability in a dram shop case includes:
- Witness testimony;
- Surveillance video;
- Receipts showing the amount of alcohol served; and
- Expert toxicology reports.
Recovering Compensation Through a Dram Shop Claim in Pennsylvania
Through a dram shop liability claim in Pennsylvania, victims and their families can seek compensation for both economic losses and non-economic damages. Along with other damages, our Chambersburg DUI accident lawyer can help you seek compensation for:
- Vehicle repairs or replacement;
- Emergency room care;
- Hospital bills and other medical costs;
- Physical therapy and rehabilitative care;
- Pain and suffering;
- Mental distress;
- Disability or disfigurement;
- Reduced quality of life; and
- Wrongful death of a family member.
Call Our Chambersburg Dram Shop Lawyer Today for a Free Case Review
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg DUI accident attorneys have the knowledge, skills, and experience to handle all types of crashes, including those involving dram shop liability. Have questions about your rights? Please do not hesitate to contact us for a free case review. With an office in Chambersburg, we handle dram shop cases in Franklin County and beyond.