The Dram Shop Act involves the selling of alcohol to a person that is noticeably drunk already. It is a law in every state in the country that governs lawsuits when there has been an injury caused by somebody who drank too much, either at a restaurant or a bar.
Dram Shop is an old English term regarding the measurement of alcohol. Anyone filing a claim would be suing a bar, tavern, restaurant, or some establishment that sells alcohol to a person who gets drunk and gets into an accident.
Anyone interested in filing a claim for injuries sustained after the inaction of a dram shop should contact a skilled premises liability lawyer. Speaking with a Nashville dram shop lawyer can benefit the outcome of damages an individual can recover.
Frequently Seen Dram Shop Cases
Many Nashville restaurants, bars, and taverns are very responsible, but not all of them. Occasionally a restaurant or bar tend to push too much liquor, in the form of drinks or shots, in order to make a higher profit. If this happens to someone, a Nashville dram shop lawyer can help them file a suit for appropriate damages.
They serve people who are already drunk. If that person gets in their car and has a car accident, the establishment who served the alcohol would be responsible for providing alcoholic beverages to an already intoxicated person.
They are responsible for ensuring their employees act responsibly and do not over-serve someone or serve a minor. Ultimately, the restaurant owners are responsible.
Impact of Intoxication during an Injury
If a person drinks too much at a bar, gets in their car and then is involved in an accident, they will generally not have a lawsuit. There are specific statutes that make that very difficult in Tennessee.
The only person who would have a lawsuit is the victim of the accident. The person that was drunk, unless they were a minor, will not have a claim. It is important to contact a Nashville dram shop lawyer who can assess whether the individual should pursue damages for their injury.
Assigning Liability
Intoxication plays a role in assigning liability. Tennessee is a comparative fault state and that can play an important role with the jury. They would blame the victim if they drank too much. The claim associated with that argument is that the accident was just as much their fault and therefore there is no liability. The liability would fall upon the bar that over-served a driver who hit a car with a family in it, especially if no one in the other car had been drinking.
Required Proof for Recovering Damages
Tennessee has specific statutes for the recovery of damages which makes these cases a bit difficult. The plaintiffs have what is called “the burden of proof,” to prove beyond a reasonable doubt that the sale of alcohol to the driver who caused the accident, was the proximate cause of damages the victim sustained.
A Nashville dram shop lawyer must prove beyond a reasonable doubt that over-serving was the proximate cause. They also need to show that the people that sold the alcohol to the driver knew they were intoxicated.
The insurance company has a legal team. You should too.
