If a driver is intoxicated and causes a motor vehicle accident with injuries, the victim will likely have a valid personal injury claim against that driver. If the injuries are severe or fatal, there might not be sufficient insurance or liability insurance policy limits to cover the damages, including medical expenses, lost wages, and pain and suffering. If that happens, the law in Pennsylvania allows an injury victim to pursue damages from other people or entities pursuant to the Pennsylvania Dram Shop Law. An experienced dram shop attorney can help you recover maximum compensation from multiple defendants, including bars, restaurants, and nightclubs that negligently over-served the intoxicated driver.
What’s a Dram Shop?
The term “dram shop” came over to America with the Mayflower. It generally describes a commercial establishment that’s engaged in the sale of alcoholic beverages, such as taverns, nightclubs, and restaurants. Not only does the statute contemplate bars, but it also includes services like catering businesses that provide alcoholic beverages at events and private parties in or around Philadelphia. Understanding what constitutes over-service and how to prove visible intoxication is critical in dram shop litigation.
The Applicable Statute
Pennsylvania’s dram shop statute is found at section 4-497 of the Pennsylvania Liquor Code. It provides that the seller of alcoholic beverages may be held liable for injuries or deaths that were caused by “visibly intoxicated” or underage customers if the seller sold or furnished alcoholic beverages to those people. The legal age for the consumption of alcoholic beverages in Pennsylvania is 21 years old, and the BAC legal limit for DUI is 0.08%. The statute also includes people who are “insane,” “habitual drunkards,” or people of “known untempered habits.” The two most common scenarios for dram shop actions are auto accidents and batteries after leaving a bar. A knowledgeable dram shop lawyer can establish server liability and bartender negligence through a thorough investigation of the establishment’s alcohol service practices.
Can an Employer be Sued Under the Pennsylvania Dram Shop Statute?
The general rule in Pennsylvania is that those who serve alcoholic beverages at a private party who are not acting as part of a business that sells such beverages cannot be sued under Pennsylvania’s dram shop laws. This is known as social host liability, which differs from commercial establishment liability. That’s a big reason why many people and businesses have private events at licensed commercial establishments. Any dram shop liability would likely be attributable to the commercial establishment rather than a host, business, or employer.
Two Dead and Two Injured in Bristol Interstate 95 Crash
A 37-year-old Bristol Township man has been charged with two counts of murder in the third degree, aggravated assault, homicide by vehicle, aggravated assault by vehicle, and several other charges in an early December 2019 crash after two people died and two others were injured in an alleged drunken driving crash. The tragedy occurred on Interstate 95 near the Bristol Township connector when the man is reported to have slammed into the rear of a minivan. Apparently, the van was having mechanical issues, and the driver was moving slowly on the highway with the van’s emergency flashers activated. The driver who allegedly caused the crash had reportedly been drinking at a company function in Center City and stopped off at a bar on the way home. The police investigation into the crash showed that the man was traveling at a minimum speed of 106 mph at the time of impact. His blood alcohol content was reportedly between .151 and .169, more than double the legal limit.
It’s highly likely that damages in the above case will exceed the policy limit of the allegedly intoxicated driver. Given the fact that Pennsylvania’s dram shop law recognizes a chain of responsibility for intoxicated persons, both entities that provided intoxicating beverages to the allegedly drunken driver might be held liable for the victims’ injuries and deaths. An experienced dram shop lawyer will investigate alcohol service at both the company function and the bar to establish negligent over-service and prove that servers continued to serve a visibly intoxicated patron. This thorough investigation can lead to recovery of full compensation, including economic damages, non-economic damages, loss of consortium, and potentially punitive damages for egregious conduct.
Contact a Philadelphia Dram Shop Lawyer
If you were the victim of a drunk driver, or if a family member was killed by one anywhere in or around Philadelphia, contact our offices at your earliest convenience. Our Philadelphia-based firm provides personalized attention and rapid response to drunk driving victims. You can arrange for a free consultation with an experienced and aggressive Philadelphia car accident lawyer from our offices who specializes in dram shop law and liquor liability cases. As a Pennsylvania law specialist with decades of experience and proven results in alcohol liability litigation, our firm represents clients on a contingency basis with no upfront cost; you pay no fee unless we recover compensation for you. We will advocate for you, negotiate with insurance companies, and if necessary, litigate your case to establish maximum compensation. Our comprehensive case evaluation will address your concerns about the statute of limitations (typically two years in Pennsylvania for personal injury claims), how long your case may take, what evidence is needed to prove your claim, and whether you will have to go to court. Our successful track record includes multi-million dollar recoveries for clients injured by drunk drivers, and we are available 24/7 to provide compassionate legal representation. Your questions will be answered, and we can explain all of your legal alternatives to you, including how to pursue claims against bars, restaurants, and other establishments that negligently served alcohol to the intoxicated driver.
