Victims of drunk driving accidents have been awarded multi-million dollar jury verdicts in dram shop lawsuits against bars and other businesses that served too much alcohol to customers.
What You Can Do & How We Can Help
The Schmidt Firm, PLLC is currently accepting alcohol induced injury cases in all 50 states. If you or somebody you know was injured by an intoxicated person who was served too much alcohol by a bar, restaurant, club, liquor store, or other business, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Accident & Personal Injury Litigation Group or call toll free 24 hours a day at (866) 920-0753.
What is a Dram Shop Lawsuit?
It is illegal for bars, restaurants, and other establishments to serve alcohol to people who are visibly intoxicated. When drunk drivers cause car accidents, get violent and hurt other people, or hurt themselves (for example, by walking into traffic), many states allow the victims and their family members to file dram shop lawsuits against the establishment. Adults who give alcohol to minors or let minors drink in their home can also be liable.
$10.5 Million Awarded in Texas Strip Club Death
In February 2013, a jury in Texas awarded $10.5 million to the family of a woman who was run over and killed by a drunk man in the parking lot of the Spearmint Rhino Gentleman’s Club in Dallas. The lawsuit claims that employees continued to serve drinks to the drunk man for 3 to 4 hours, “even though it was or should have been apparent … that [he] was intoxicated to the extent that he presented a clear danger to himself and others.”
Texas Drunk Driving Lawsuit Ends in $18 Million Jury Award
In 2013, a Texas jury awarded $18.7 million to the parents of Bryant H., an 18-year-old who died in a drunk driving accident. His death was caused by a man who was served 17 drinks before being kicked out of a bar and driving the wrong way on the highway in Corpus Christi.
Truck Driver Awarded $37.5 Million in Dram Shop Lawsuit
In March 2018, a judge in Illinois awarded $37.5 million to a truck driver who was severely injured, and whose wife died in a drunk driving accident. The deadly accident was caused by a man who got drunk at the Deja Vu Showgirls, a St. Louis strip club now called Larry Flynt’s Hustler Club, before driving the wrong way on the highway and hitting the truck head-on.
Examples of Dram Shops
- Bars and taverns
- Restaurants
- Nightclubs
- Topless bars and strip clubs
- Breweries, distilleries, and wineries
- Liquor stores
- Casinos
- Grocery stores that sell alcohol
- Gas stations and convenience stores
- And more
Social Host Lawsuits
Some states, such as Texas, give injured people the right to file lawsuits and seek compensation from “social hosts” — adults who give alcohol to minors, or let minors drink alcohol at their home. If the minor is injured or hurts someone else, the host is held responsible.
What Does It Mean to Be Intoxicated?
What does “obviously intoxicated” really mean? Dram shop laws revolve around this subjective standard, and it doesn’t necessarily correlate with blood-alcohol level. For example, a person who doesn’t drink frequently could act “obviously intoxicated” after one or two drinks, but a heavy drinker might act normally when they are impaired.
Visible Signs of Alcohol Intoxication
- Slurred speech
- Eyes are red, droopy, glassy
- Poor judgement
- Lack of inhibitions
- Aggressiveness
- Excitement
- And more
Do I Qualify to File a Lawsuit?
To be successful in a dram shop lawsuit, the injured person (or their surviving family) must prove that the business knew — or should have known — that the drunk customer who caused their injury was already intoxicated, or underage, but continued to serve them alcohol anyway.
Examples of Evidence in Dram Shop Cases
Video surveillance footage and witness testimony can provide crucial evidence in dram shop cases. Here are a few examples of evidence:
- Serving alcohol without asking for proof of age
- Serving alcohol to a customer who is clearly intoxicated
- Serving alcohol after closing time
- Serving an amount of alcohol that is likely to cause a person to become extremely intoxicated
Can Bartenders Be Held Responsible?
In most cases, dram shop laws put the responsibility on businesses rather than bartenders. This is why alcohol-serving businesses typically carry liquor liability insurance, have bartenders take education courses, and discourage patrons from driving drunk.
Do I have a Dram Shop Lawsuit?
The Schmidt Firm, PLLC is currently accepting alcohol induced injury cases in all 50 states. If you or somebody you know was injured by an intoxicated person who was served too much alcohol by a bar, restaurant, club, liquor store, or other business, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Accident & Personal Injury Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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The Schmidt Firm, PLLC has been recognized as one of the nation’s leading plaintiffs' law firms and handles cases in all 50 states. We are very proud of our legal achievements, but equally self-respecting of our firm's reputation for providing personal attention to each and every client we represent.
