Drunk driving accidents cause devastating and preventable injuries every day. While the intoxicated driver is clearly responsible for the crash, another party may often share that legal blame.
Pennsylvania’s dram shop liability is a civil cause of action based on the violation of specific provisions within the state’s Liquor Code, which prohibits serving a visibly intoxicated person or a minor.
The law holds licensed establishments—like bars, restaurants and taverns—legally and financially accountable. The law ensures victims can seek full compensation from vendors who negligently served alcohol.
The two duties of dram shop liability
Licensed establishments have a clear legal duty not to serve alcohol illegally. If an employee breaks this duty and causes an injury, the establishment can be held liable. Dram shop liability rests on two core pillars:
Pillar 1: Serving a visibly intoxicated person
Liability applies if an employee serves a customer who is already visibly intoxicated. You must look at what the server could see, not just the customer’s blood alcohol content. Signs of visible intoxication include:
- Slurred or loud speech
- Stumbling or loss of balance
- Aggressive or erratic actions
The law focuses on clear, observable behavior. A business has a duty to stop serving when signs of intoxication appear.
Pillar 2: Serving a minor
Businesses have a strict responsibility to check IDs and prevent underage drinking. Serving someone under the age of 21 is a violation of the law that establishes negligence per se, meaning a legal duty and breach are proven. However, the plaintiff must still prove the illegal service was the proximate cause of the resulting injury.
Legal recourse for victims
The dram shop law creates a path for injured third parties to sue the establishment in civil court. To succeed, you must prove two things. First, illegal service occurred, such as serving a visibly intoxicated person or a minor. Second, that illegal service is the “proximate cause” of your injuries.
If your claim is successful, you can recover common damages from the bar or restaurant. These include:
- Medical bills and rehabilitation costs
- Lost wages and reduced future earnings
- Property damage
- Pain and suffering
Dram shop cases are complex and require immediate action to gather crucial evidence, which can include witness testimony, security footage and bar receipts.
The law is essential for making sure that all negligent parties contribute to your recovery. If a drunk driver injures you or a loved one, a skilled personal injury attorney can be invaluable in investigating whether a dram shop claim is warranted to hold all responsible parties accountable.
