Dram Shop Cases:

Dram Shop Cases: A special type of case involving a drunk driver is when a third party is involved or partially liable for the intoxication. Named after a drinking establishment in Northern Indiana, Dram Shop Cases arose to hold suppliers of the alcohol responsible for acts of the party drinking.

In other words, if you are injured in an accident involving drunk driving, your legal rights may not be limited only to a recovery from the driver who was at fault.

In some limited instances, and depending on where you live, the provider of alcohol to the driver (often a bar or restaurant) can be found liable for your injuries.

For example, where an intoxicated underage drinker was provided with alcohol and later caused a car accident, the person or business that negligently provided the alcohol may be legally liable for the injuries resulting from the accident.

These cases against third parties are more complicated and difficult to prove than those against the driver. In most states, your attorney will need to establish that the person drinking was visibly intoxicated or that the amount of alcohol supplied would have caused intoxication and that the third party provider knew or should have known of the driver's intoxication, or the fact that the driver was underage.

In addition, this third party liability has a very limited application to individual hosts in social situations (i.e., where a person hosts a party at which a drunk driver becomes intoxicated), and can sometimes be used where the drunk driver was acting on behalf of his employer.

Because attorneys are aware of the many laws governing legal responsibility, an attorney can help you identify who might be held responsible for your injuries, including people or businesses you might not have considered.

If you or a loved one have been injured due to the negligence of a drunk driver, please contact a personal injury attorney immediately to protect your rights.