Dram Shop Liability in Pennsylvania: When a Bar or Restaurant Can Be Held Responsible for a Drunk Driving Crash
When a drunk driver causes a serious auto accident, liability often focuses on holding the driver responsible for any damage and injuries. But in some cases, a driver may not be the only party responsible for a drunk driving accident. Under Pennsylvania’s Dram Shop Act, venues that sell alcohol, including bars, restaurants, and taverns, can also face civil liability for serving alcohol to individuals who are visibly intoxicated.
What is Pennsylvania’s Dram Shop Act?
Pennsylvania’s Dram Shop Act is a law that makes it unlawful to sell or give alcohol to individuals who are visibly intoxicated. It applies to any location that is licensed to serve alcohol, such as a concert venue, a bar, or a restaurant. The law is intended to address the reality that establishments are sometimes incentivized to continue to serve paying customers even after they are very visibly intoxicated, which can result in those intoxicated individuals becoming a danger to themselves and others.
While the law may sound straightforward, it can be complicated in practice. The fact that someone was served several drinks at a bar before causing an auto accident or hitting a pedestrian does not automatically make a bar responsible. Instead, the law requires very specific factual circumstances for liability to occur.
In addition to serving visibly intoxicated individuals, the Dram Shop Act also holds bars and restaurants responsible where they serve alcohol to minors who then injure another person. This portion of the act imposes strict liability – a bartender or server can be held liable even if they believed the minor was 21. A bar simply cannot serve individuals who are under 21.
A Person Must be Visibly Intoxicated
Most importantly, a venue can only be liable under the Dram Shop Act where the facts show that the customer was visibly intoxicated at the time that they were served additional alcohol. Because different people handle intoxication differently, this can be challenging to establish. For example, some people become more talkative when intoxicated, but a bartender may just assume such a customer is extroverted or excited to be hanging out with friends.
And while a blood alcohol concentration test may establish that an individual was intoxicated at the time they were served, that does not mean that they were visibly intoxicated. Indeed, the Pennsylvania courts have held that liability under the Dram Shop Act requires proving that a bartender or server observed external signs that a customer was intoxicated, not that there is medical proof of intoxication.
Proving intoxication can turn on gathering sufficient evidence of a customer’s visible behavior, such as signs that they were slurring their speech, had difficulty standing up or walking, were falling over, had impaired coordination, or were otherwise engaging in behaviors that clearly suggested intoxication. Proving such circumstances may require gathering witness statements, obtaining testimony from other employees at the venue who may have denied service to the customer, or obtaining photos or videos of the customer’s behavior.
Connecting Intoxication to the Crash
In addition to establishing that the customer was visibly intoxicated at the time that they were served, the Dram Shop Act also requires establishing a connection between the bar’s negligent service of alcohol and the ultimate injuries that occurred. A plaintiff must show that the venue’s conduct was a proximate cause of any subsequent accident.
In some situations, this may be fairly straightforward. For example, if a restaurant serves a visibly intoxicated customer, the customer downs his drink and walks out the door, gets into his car, and immediately crashes into another vehicle while exiting the parking lot, it may be obvious that the restaurant contributed to the accident. But if a customer visits a restaurant, has a drink, gets in his car, then becomes distracted while texting and causes an accident, the connection between the restaurant and the accident may be less clear.
Establishing causation is highly fact-specific and requires careful analysis of the driver’s conduct, the timing and amount of alcohol consumed, evidence of the accident, and other circumstances. If you have been injured by a drunk driver and have questions about whether an establishment may have unlawfully served alcohol to the driver before your accident occurred, a Montgomery County car accident lawyer can help to carefully evaluate the unique circumstances of your potential case.
Damages under a Dram Shop Act Claim
Plaintiffs who bring a Dram Shop claim can recover a wide range of damages against a bar, restaurant, or other venue. These damages include:
- Property damage such as repair to a vehicle
- Medical bills, hospital stays, and ongoing rehabilitation for injuries from the crash
- Lost wages while dealing with accident injuries
- Pain, suffering, and emotional distress
- Wrongful death damages where an accident results in a fatality
It is important to save as much documentation as possible of any costs you might incur related to a drunk-driving accident. All of this evidence can be used to maximize your recovery in court.
Protect Your Options After an Accident – Speak with a Montgomery County Car Accident Lawyer Today
When you have been seriously injured by a drunk driver, it is important to explore all possible options for legal claims. If the driver who caused your accident was drinking at a licensed venue before they got into their car, it is possible that you may have claims against the driver and against the bar or restaurant that served the driver while visibly intoxicated.
The Montgomery County car accident lawyers at Anthony Gagliano C. III, Esquire, P.C. can help you to evaluate the circumstances of your accident and explore all possible options for recovery. They have years of experience representing injured Pennsylvania residents and will work with you to collect and evaluate evidence relevant to your claim, prepare legal arguments under the Dram Shop Act, and fight for your rights to a full recovery in court. For more information or to schedule a consultation, contact us today.