There is no doubt that when a person is intoxicated, foolish, negligent, and perhaps even dangerous behavior may ensue. To be sure, drunk people have been known to get behind the wheel of a car and cause a collision, engage in violence or assault, or even cause injury to others simply by tripping and falling into another, amongst other things. Which is why when a drunk person causes an injury to another party, understanding liability and Pennsylvania’s dram shop laws is important. At the offices of van der Veen, Hartshorn and Levin, our Allentown dram shop attorneys are here to advocate for you if an intoxicated person’s actions caused you harm.
What Are Dram Shop Laws?
Dram shop laws are laws that refer to who is liable when an intoxicated person causes an accident or injury to another. A dram shop law will hold the business where the alcohol was served liable for any injuries or damages incurred as a result of the drunken person’s actions if the drunken person was visibly intoxicated, but the business continued to serve them alcohol regardless.
In Pennsylvania, section 4-497 of the liquor code holds that a business can be held liable for damages that a customer inflicts if the customer was given alcohol by the business when the customer was visibly intoxicated. Keep in mind that this is only for businesses, notprivate individuals (called “social hosts).
How to Hold a Business Liable for Your Injuries
If you have been harmed by a drunken individual and think that you may have a dram shop case against the party that furnished the at-fault individual with alcohol, you will need to gather evidence to prove two major elements:
- Visible intoxication – Remember, the business cannot be held liable unless they served the drunken individual when the individual was visibly intoxicated. Proving visible intoxication can be difficult, especially if there are no witnesses or video/photographic evidence available.
- Proof that over-serving led to injuries – You must also prove that that over-serving of the drunk individual is what led to your injuries, or that your injuries would not have occurred but forthe drunken individual being overserved. This, too, can be difficult to prove without the right type of evidence and a skilled dram shop lawyer on your side.
Call Our Allentown Dram Shop Attorneys Today
You deserve to be compensated when you have suffered an injury due to another’s negligence. If you have been injured by an intoxicated individual in Allentown, our lawyers want to identify all potential sources of compensation available to you, including the insurer of the place where the intoxicated individual was served alcohol.
When you hire our dram shop lawyers, we will work hard to establish the cause of your injuries and determine all potentially at-fault parties. We are skilled negotiators and litigators with years of experience behind us. Please call us directly today or send us a message to learn how we can help you.