Overserving alcohol could lead to a dram shop lawsuit

On Behalf of | Nov 19, 2021 | Drunk Driving Accidents

As someone who has suffered injuries at the hands of a drunk driver, you may be wondering how you can get compensation for what you’ve been through. There are several options in cases like yours, but one of the things to consider is what happened prior to that individual getting behind the wheel to drive.

If they were at a bar or venue and were given more to drink despite being visibly impaired, then the owner of that venue might be liable because of dram shop liability laws. Dram shop liability is a unique way to hold individuals or establishments responsible for overserving alcohol.

Who can face liability under dram shop laws?

There are all kinds of people who may be held responsible for overserving alcohol to someone who later drives and injured or kills another person. Some of the people who could be held liable may include:

  • Sports bar owners
  • Hotel bar owners
  • Bartenders
  • Party hosts
  • Sporting venues
  • Restaurants

Whenever someone notices that the person they’re serving drinks to is impaired, it’s reasonable to ask if giving them more to drink is responsible. If that person who was drinking ends up causing a crash, then the facility or individual may face a lawsuit for overserving alcohol to someone who was visibly and obviously drunk.

Injured victims or their loved ones may make a case if overserving is suspected

If you or your family member are injured and want to make a personal injury claim, dram shop liability may also play a role in your case and give you the opportunity to seek compensation from more than just the drunk driver.

Bartenders and others who serve alcohol are responsible for making sure they do not overserve intoxicated customers. If someone is visibly impaired and showing signs of intoxication, the facility becomes responsible for taking away that person’s keys or getting them a safe ride home, so that they don’t drive drunk and cause a crash.

Failing to take responsibility in that moment may lead to serious harm. Victims of crashes with drunk drivers have every right to hold all parties responsible for failing to keep a dangerous driver off the road.


FindLaw Network