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Dram Shop Law & Liquor Liability

In 2013, MADD reported 10,076 people died in drunk driving crashes — one every 52 minutes — and 290,000 were injured. That translates to almost one out of every three traffic deaths involving drunk drivers.

Dram Shop Law Offers Relief to Victims of Drunk Drivers

Dram shop laws allow the victims of drunk drivers to sue the bar or tavern, where the driver became inebriated, for monetary damages. These laws hold the owners of the business selling the alcohol legally responsible for what their customers do after they have been drinking.

That means, for example: “John” causes an accident after he leaves the bar where he became intoxicated. The bar owner, who is required by law to ensure patrons do not overdrink, could be held liable along with John, the drunk driver, for injuries sustained in the accident. Dram Shop obligates the establishment to stop a clearly intoxicated patron from drinking more.

Dram Shop involves:

  • Over serving alcohol by bars, taverns, restaurants and other establishments
  • Illegally serving alcohol to minors

Calling Experts to Build Your Case

Dram shop laws and bar liability can be complicated. The attorneys at Nash & Franciskato Law Firm in Kansas City will investigate the circumstances surrounding your case, enlisting experts in relevant areas, including accident reconstruction, fatigue, and engineering, to build your case. Our lawyers in Kansas City ask the tough questions, such as how the establishment trained its bartenders to spot an intoxicated patron, find out if a patron is driving or determine when enough is enough.

Our attorneys understand that each injury, each fatality affects not only the person in the crash, but family, friends and more. We are determined to fight for your rights and obtain the compensation you deserve.

Proven Results

  • $725,000 Settlement against a Restaurant & Bar for negligently serving alcohol to a minor patron who was severely injured in an automobile accident after leaving the premises.
  • $300,000 (policy limits) wrongful death settlement for a minor who was struck and killed by a hit and run driver on the interstate. Our investigation revealed that the minor (18 year old boy) was legally intoxicated from being served alcohol at a night club. Nash & Franciskato were able to present evidence that the night club had a pattern and practice of illegally serving minors.

More Case Results

Receive A Free Evaluation

If you have been involved in a drunk driving accident where the driver got drunk at a bar, you may have a third party dram shop case. Contact Nash & Franciskato Law Firm in Kansas City for a free, no-obligation case evaluation.

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What is Dram Shop?

Dram shop laws, enforced through civil lawsuits, allow the victims of drunk driving accidents or their families to sue alcohol vendors or retailers for the death, injury, or other damages caused by an intoxicated customer.

Are dram shop laws the same from state to state?

No. Oftentimes, states that have Dram Shop laws define terms in their statutes differently. For instance, “guest,” “patron,” or “retailer” can carry different meanings. Most of the time, however, the application of the “obvious intoxication test,” where a retailer knew or should have known that the patron was so intoxicated that more alcohol would cause danger to himself or to others, is the same.

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