What is a dram shop claim? — Baton Rouge and Metairie
A dram shop claim, or dram shop liability, refers to the liability of bars, liquor stores, and other establishments that sell alcoholic beverages. Dram shop laws provide that these establishments may be held liable for car accidents caused by their intoxicated customers. This prohibits the sale of alcohol to minors and “visibly intoxicated patrons,” and gives accident victims the right to sue the establishment that sold alcohol to a drunk driver for their damages and personal injuries.
In a dram shop claim, proximate laws usually require that a victim must prove that the establishment’s service of alcohol was a possible cause of the car accident and resulting damages. Often the plaintiff only has to show that the serving of alcohol added to the defendant’s intoxication, which ultimately resulted in the car accident.
Dram Shop Laws Vary by State
Most state laws provide that a dram shop claim can be filed if an establishment knew, or should have known, that the customer was intoxicated. Also included are stipulations that establishments may not serve alcohol to minors, or after legal hours, or to customers who don’t show a valid license or identification.
Unfortunately, Louisiana is one of the few states that do not have dram shop laws on the books, which means you can seek damages from the person that caused your car accident and resulting injuries but you cannot seek compensation from any store or bar that sold them alcohol before the accident took place.
If you are thinking about filing a Louisiana personal injury lawsuit against the person or persons who caused your car accident, the Baton Rouge personal injury lawyers at The Law Offices of J. Price McNamara can look at the evidence in your case, determine liability and help you file your Louisiana personal injury lawsuit. Contact us today to set up a free consultation of your case – 866-617-6298.