What Is California’s Dram Shop Liability?
According to the California Office of Traffic Safety (OTS), 1,370 people were killed in alcohol-related crashes in 2021, a 16% increase from 2020. Nationwide, drunk driving leads to more than 13,000 deaths per year. Excessive alcohol consumption dramatically increases the risk of an accident involving another vehicle, a pedestrian, or a bicyclist.
Drunk driving accidents that end in serious injury or death will lead injured victims and their families to believe who is liable: the drunk driver, the bar serving alcohol, or both? Find out about California dram shop liability by reading our blog. If you need assistance with a personal injury claim, our Riverside personal injury lawyer is here to support you. Call us for a free consultation at (909) 703-2420.
California Dram Shop Laws
When an intoxicated person causes an accident, the injured victim can file a personal injury lawsuit against the intoxicated driver. But can a business like a bar that serves alcohol also be responsible? This is what dram shop liability dictates.
A dram shop is a commercial establishment selling alcoholic beverages, such as a bar, tavern, or restaurant. The term ‘dram shop’ comes from an antiquated term for businesses that sell alcohol.
Each state follows its own dram shop law. In California, generally, the injured victim cannot sue vendors or hosts when an intoxicated patron causes an accident, but there are exceptions to this rule.
California Civil Code section 1714 exempts bars, restaurants, and other parties from liability if they sell alcoholic beverages to a person who then gets into an accident and injures someone else. However, they can be held liable if they “knowingly furnish” alcohol to someone under 21.
Understanding Dram Shop Law in California
In order to pursue compensation under California’s dram shop law, the victim must prove the following:
- The restaurant or bar served alcohol to a minor or visibly intoxicated person.
- The under-21 or intoxicated person injured someone.
- The intoxication was a primary cause leading to the victim’s injuries.
Proving a dram shop case can be complex, as you will need substantial evidence showing that the establishment knowingly served a minor or intoxicated person. This might include witness testimonies, surveillance footage, and receipts.
California’s dram shop laws are particularly stringent compared to other states, offering limited circumstances under which a victim can hold a bar or restaurant liable. Liability is generally only established if the establishment knowingly served alcohol to a person under 21 years of age.
Because of these restrictions, most claims focus on the actions of the intoxicated individual rather than the establishment. However, if you believe you have a valid dram shop claim, consulting with an experienced personal injury attorney can clarify and help gather the necessary evidence to build a strong case.
Social Host Liability
If the person serving alcohol to a minor was not a business but an individual hosting in their home, California’s social host liability laws would come into effect. Should a social host knowingly provide alcohol to a minor who subsequently causes an accident and injures someone, the host would be held liable.
Additionally, the social host could also be responsible for any injuries sustained by the intoxicated minor.
Damages in a Dram Shop Claim
Much like a standard personal injury claim, damages in a dram shop claim are meant to compensate the victim for their damages. If you have a valid dram shop claim, you may be able to recover the following damages:
- Medical expenses: This includes all costs related to medical treatment, such as hospital bills, medication, rehabilitation, and any future medical expenses related to the injury.
- Lost wages: Compensation for the income lost due to the inability to work during recovery. This can also include loss of earning capacity if the injury affects the victim’s ability to work in the future.
- Pain and suffering: Damages for the physical pain and emotional distress caused by the accident.
- Punitive damages: In certain instances, punitive damages can be granted to penalize the defendant for exceptionally egregious actions and discourage similar behavior.
Contact An Experienced Personal Injury Lawyer
If you or a loved one has been injured in a drunk driving accident, understanding dram shop liability is crucial. At Sycamore Accident Lawyers, we have experience settling claims involving drunk drivers and alcohol-related harms, and we work hard to get our injured clients the financial compensation they need to feel normal again.
Our Riverside personal injury lawyer is here to help you navigate the legal complexities of dram shop and personal injury law. We accept cases on a contingency basis, meaning we do not ask for upfront payment or retainers. If we win a settlement for you, we take a percentage of the award. Call our law firm today to set up an appointment with our legal team.