Most people know that someone severely impaired by alcohol and causes a crash that injures another person may hold civil liability for any losses sustained by that person. What you might not know is, in some situations, you may also have grounds to file suit against the person who sold or provided alcohol to the impaired person.
Pennsylvania’s laws regarding “dram shop” and “social host” liability are somewhat complex, and it can be challenging to incorporate these laws into a personal injury claim without guidance from a seasoned attorney. Fortunately, the help you may need is available from a Philadelphia dram shop liability lawyer with lots of experience helping people like you get positive results.
One thing worth emphasizing about both dram shop and social host liability is that people who furnish alcohol to legal adults are very rarely considered liable for negligent behavior that follows. Broadly speaking, there are only two scenarios under which a dram shop liability attorney may be able to help pursue a successful civil claim along these lines in Philadelphia.
First, owners of retail establishments which sell alcohol, such as bars and liquor stores, as well as private individuals hosting social events, may be liable for injuries caused by any minor to whom they provided alcohol, regardless of whether the minor seemed to be intoxicated at the time. A minor in this case means someone who is under the age of 21. Second, owners of retail establishments may be liable for injuries caused by intoxicated adults if the adult was “visibly intoxicated” at the time the owner provided them with alcohol. This type of negligence can be tricky to prove, legally speaking.
It can be fairly easy to hold someone liable for selling or giving alcohol to a minor who then caused an accident and injuries. All that is required is to establish the age of the minor in question and showing that the defendant did unlawfully give them alcohol. In fact, it is sometimes even possible for the minor themselves to sue their “social host” for giving them alcohol and allowing them to get hurt through their intoxication. However, the minor’s own “comparative fault” for their injuries may limit the recovery they ultimately receive.
When it comes to proving a store owner should have known someone was “visibly intoxicated,” court precedent in this state holds that common signs of intoxication which should inform a store owner not to provide alcohol to someone include:
Proving that a store owner should have known someone was impaired can be a very subjective process. It can be especially important to have help from a skilled dram shop liability lawyer in Philadelphia who has had prior success identifying negligence and holding that party accountable.
Dram shop laws can be hard to understand and even harder to use effectively during a personal injury lawsuit. If you can make good use of them, though, you may be able to recover significantly more compensation than you would if you only sued the intoxicated person alone. Alcohol providers have an obligation to identify when someone is highly intoxicated and prevent them from harming others.
Guidance is available throughout your legal proceedings from a capable and compassionate Philadelphia dram shop liability lawyer. Call our team today to discuss your options with a legal professional who has a history of success.