Dram shop statutes hold businesses (store, restaurant, hotel, or bar) that sell alcohol to people that are visibly or nearly intoxicated liable when they injure someone or in some case themselves. These statues known as the Dram Shop Act are in effect in most states. The Kansas City dram shop lawyers of the Krause and Kinsman Law Firm can help you if someone who was drinking at an establishment that serves alcohol has hurt you. These injuries can have occurred because of a fight, car accident or any other situation that occurred because someone who was visible intoxicated was served alcohol.
What you should know about the Dram Shop Act:
- Reduces alcohol related accidents: This law makes the establishments have a fiduciary interest therefore they are less likely to serve alcohol to individuals that are inebriated.
- Increases awareness: States with Dram Shop Acts are more likely to educate consumers on the impacts of driving while intoxicated.
- Decreases illegal consumption: Intoxicated individuals will not be able to purchase alcohol under the law.
- Individuals still remain responsible: The law does not place all of the blame on the establishments; people still have to drink responsibly.
To prove it:
When we work on a dram shop case we will go directly to the bar or restaurant that was serving the alcohol. We will get sales receipts, talk to the staff, the owners and patrons that were present when the visible intoxicated person was served alcohol. If we can prove that a minor was supplied with alcohol by the establishment and they should have reasonably know that they were supplying alcohol to a minor then the establishment may be liable. Also if the patron was visibly drunk; slurring their speech, stumbling, unable to maintain balance, needs to hold on to something for support to stand, throwing objects, red or watery eyes, and slow or no reaction to actions that should elicit a response the establishment may be liable.
We will hire expert witnesses to see how intoxicated the individual may have been. We will also hire professionals who will tell the jury how the staff, security and bartenders should have acted in the particular situation. These experts can really explain to a jury why the restaurant or the bar was negligent.
Why establishments should care?
- Most states do not require the provider to witness the negligent act, which means a person could get into an incident miles away from the establishment and it could still be found liable.
- Even if the drunk driver is ticketed for DUI or DWI the establishment can still face punishment.
What is your best option?
A Dram Shop Act case can arise from a vehicle accident, fight, assault, or a rape. Life threatening injuries and even death can be the result of negligence. Hiring a lawyer that handles Dram Shop Cases is the only way you know your interest will be protected.
When establishments fail to follow the law and person is injured the injured person has the right to be compensated for the problems that being in an accident can cause including: loss of wages, past and future medical expenses, loss of normal life, death, and pain and suffering.
We will go to the scene of the accident and work closely with you to help determine the cause, what problems exist, and how we can help you. We work on a contingency fee basis; if we can’t win your case you won’t pay us anything. If you or someone you know has been injured in an accident or fight with a person that you suspect was drinking and served alcohol after they were clearly intoxicated we can help. Call us for a free evaluation of your claim.
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