Can A Bar Be Held Liable For DUI Injuries?

The simple answer to this question is yes, a bar or restaurant or hotel can be held responsible for the alcohol they served to someone who then drove away under the influence of alcohol. This is called Dram Shop litigation and is designed to make people who serve alcohol more responsible in who and how they doll out the booze. We all know that people who are driving under the influence can cause serious and significant car and truck accidents. Every year in the Kingsport, Johnson City, and Bristol areas of Tennessee, many people suffer from serious personal injuries caused by drunk drivers. Attorney Robert Bates has been representing people injured by drunk drivers in the Tri Cities region for over a decade.

How Can a Bar or Restaurant Be Held Responsible for a DUI?

Tennessee law distinguishes between a “social host” and a “seller of alcohol” in the Dram Shop laws. A social host (such as someone having a party at their house) cannot be held responsible for someone who drinks at the party and then leaves and crashes their vehicle causing injuries. But an entity that sells alcohol can be held responsible for the same situation. So, bars and restaurants and hotels and other establishments that sell alcohol have to be responsible in who and how they serve alcohol.

A seller of alcohol, as opposed to a social host, may be found civilly liable (for money damages) for selling alcohol to minors under 21 years old; or for selling alcoholic beverages “to an obviously intoxicated person and such person caused the personal injury or death as a direct result of the consumption of the alcoholic beverage or beer so sold.” TCA 57-10-102 For example, if a bartender at a hotel bar continues to serve alcohol to someone who is visibly and obviously intoxicated, and then that patron leaves, and is subsequently involved in a car crash where someone is injured, then the hotel can be liable for those injuries. Dram Shop liability is often used when a person is seriously injured by a drunk driver who does not have enough liability coverage on their vehicle’s insurance to cover the extensive damages it would take to fully compensate the injured person. If this is the case, the plaintiff’s attorney can seek further damages against the bar or restaurant who served the drunk driver.

In order to prove Dram Shop liability for a DUI accident, three things have to be shown:

1. The seller of the alcohol served someone who was under the legal drinking age of 21 who then went out and caused an accident; or…
2. The seller of alcohol continued to serve someone who was obviously intoxicated by their mannerisms, movements, and speech; and…
3. The seller of alcohol served enough drinks that a reasonable person should have known that the patron would be drunk from the amount of drinks served.

The bottom line is that if you have been injured by a drunk driver, the best course of action is to contact an experienced car and truck accident lawyer to help you receive the compensation you deserve. Hiring the right lawyer with the knowledge, skills, and resources to take on big corporations will be the surest way to be fully compensated for your serious injuries.

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.