Dram Shop Act Lawsuit

The Dram Shop Act is a case law in 38 states which makes a business which sells alcoholic drinks or a host who serves liquor to a drinker who is obviously intoxicated or close to it, strictly liable to anyone injured by the drunken patron or guest.

The law imposing strict liability upon the seller of intoxicating beverages when the sale results in harm to a third party's person, property, or means of support. Under common law, no cause of action existed against the person dispensing intoxicating beverages for the resulting damages that might be inflicted by the intoxicated person. The common law theorized that the proximate cause of the injury was not the furnishing of liquor but rather the act of the purchaser in drinking the liquor.

In many states, the legislature has enacted civil damage acts or "dram shop acts" creating a statutory remedy against the seller of intoxicating beverages, provided that the resulting intoxication causes the injury. Under such acts, the plaintiff has a cause of action against the vendor when, by reason of the intoxication of another, he or she sustains personal injury, property damage, or loss of support. Under this theory, some jurisdictions have held that a spouse may recover "for his or her loss of support" when the other spouse dies as a result of intoxication, either their own or another's.

Since the law involves strict liability, the plaintiff need not show negligence on the part of the seller. The law is unsettled though, as to the seller's rights of indemnity from the intoxicated person who proximately caused the injury.

If you or a loved one have been injured in a drunk driving car accident and you are researching legal options, please call us at 1.800.966.4999 or fill out the form to the right of the page for a free case evaluation.

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