Dram Shop Attorney Easton, PA
Practice Areas
The Easton Dram Shop attorney team at the Law Offices of Edward P. Shaughnessy handles personal injury cases involving drunk driving accidents and alcohol-related injuries under Dram Shop liability.
Pennsylvania Dram Shop laws hold establishments such as bars, liquor stores, and other licensed alcohol providers accountable for over-serving an obviously intoxicated person or unlawfully selling alcohol to someone under the legal drinking age when the person’s intoxication contributes to an alcohol-related accident.
Our Easton personal injury law firm has extensive experience handling Dram Shop lawsuits, offering a free consultation, and representing injury victims on a contingency fee basis. Call 610-258-9955 to discuss your Dram Shop liability case with our experienced Dram Shop lawyers in Easton, PA.
What is Dram Shop Liability?
Dram Shop liability laws hold alcohol vendors responsible for serving those under the legal drinking age or over-serving to an obviously intoxicated adult. Under Dram Shop laws, alcohol providers are required to train staff to recognize signs of obvious intoxication and refuse to contribute to a minor’s intoxication.
If an alcohol provider sells alcohol to a minor under the legal drinking age or obviously intoxicated person, and the intoxicated person subsequently is involved in an alcohol-related accident, the alcohol vendor can be held liable for damages in Dram Shop liability cases.
States have their own laws, but all Dram Shop liability laws share a common goal of reducing the number of drunk drivers.
Our Easton Dram Shop attorney team has extensive experience handling dram shop cases under Pennsylvania’s dram shop laws. If you’ve been injured or lost a loved one in an alcohol-related accident, our legal team can help you file a dram shop lawsuit to seek compensation from the alcohol vendor responsible for selling alcohol to the obviously intoxicated person who caused the injuries.
Pennsylvania Dram Shop Laws
Pennsylvania Dram Shop law holds any alcohol provider, such as bars, restaurants, liquor stores, or any establishment with a liquor license, accountable for serving alcoholic beverages to visibly intoxicated patrons or those under the legal drinking age when the person’s intoxication subsequently causes harm.
Pennsylvania Liquor Code establishes liability for these dram shop cases. To have success under Pennsylvania’s dram shop laws, personal injury attorneys must demonstrate that alcohol vendors sold alcohol to an obviously intoxicated person or minor and the person’s intoxication was the proximate cause of the plaintiff’s injuries.
For example, if a bar, restaurant, or liquor store sells alcoholic beverages to an obviously intoxicated person who subsequently causes a car accident, the bar, restaurant, or liquor store could be held liable under dram shop laws.
For dram shop cases involving minors, obvious intoxication is not a necessary condition for establishing liability under Pennsylvania dram shop liability law.
Additionally, Pennsylvania Dram Shop laws recognize social host liability, where individuals hosting private events can be held liable if they furnish alcohol to minors who then cause injury. However, social hosts are generally not liable for serving alcohol to visibly intoxicated adults.
Pennsylvania Dram Shop liability laws also address situations in which excessive drinking is indirectly encouraged, such as through promotions or events, holding licensed alcohol providers accountable for promoting irresponsible behaviors.
Under Pennsylvania Dram Shop liability laws, victims involved in alcohol-related accidents can seek compensation for serious injuries through a Dram Shop lawsuit if an establishment, such as a bar, served a noticeably intoxicated patron who then caused a drunk driving accident.
Pennsylvania Dram Shop Act Establishes
In Pennsylvania, while there isn’t a singular statute titled the “Dram Shop Act,” the state’s own laws fall under the Pennsylvania Liquor Code—specifically 47 P.S. § 4-493(1) and § 4-497—that serves a similar function as other states’ Dram Shop Acts. These provisions prohibit licensed alcohol providers from selling alcohol to visibly intoxicated individuals or minors. If such service leads to injury or damage, the establishment can be held liable under these Dram shop laws.
Here are notable Dram Shop cases in Pennsylvania:
Kapres v. Heller (1992): This Dram Shop case addressed whether a person under the legal drinking age could be held liable for furnishing alcohol to another underage person. The court concluded that a person under the legal drinking age cannot be civilly liable to another underage person for providing them with alcohol.
Klar v. Dairy Farmers of America, Inc. (2023): The Pennsylvania Supreme Court reaffirmed that social hosts are not liable under the state’s Liquor Code for over-serving alcohol to visibly intoxicated people over the legal drinking age. The Supreme Court emphasized that liability under the Liquor Code applies to those engaged in the commercial sale of alcohol, not private individuals or entities acting as social hosts.
These Dram Shop liability cases highlight the application and limitations of Pennsylvania’s Liquor Code concerning the liability of service.
To learn more, contact a Dram Shop attorney in Easton, PA, for a free consultation.
Dram Shop Liability for Serving Alcohol in Lehigh Valley
Pennsylvania, to establish Dram Shop liability, the following elements must be proven:
- Service to a visibly intoxicated individual or person under the legal drinking age: The licensed alcohol provider served alcohol to an individual who was either obviously intoxicated or under the legal drinking age of 21. In Dram Shop cases involving minors, proving visible intoxication is not required.
- Causation: The service of alcohol to the visibly intoxicated individual or minor was a proximate cause of the plaintiff’s injuries. This means that the intoxication from over-serving contributed to the accident or alcohol-related injury in question.
Regarding defenses, Pennsylvania does not have a specific Safe Harbor defense that offers immunity to protect bars or other licensed alcohol providers in Dram Shop cases. However, establishments can implement certain practices to mitigate liability:
- Employee Training: Providing comprehensive training programs to employees on responsible alcohol service, including recognizing signs of intoxication and proper ID verification procedures.
- Strict Enforcement of Policies: Adhering to policies that prevent serving alcohol to visibly intoxicated individuals or minors and ensuring all staff comply with these policies.
- Documentation: Maintaining detailed records of incidents involving intoxicated patrons, including steps taken by staff to manage such situations.
- Regular Audits: Conduct regular internal audits to ensure compliance with state liquor laws and internal policies.
If you’ve been injured by a drunk person or involved in an accident with a drunk driver, contact an Easton Dram Shop lawyer from our personal injury law firm for a free case evaluation to learn about your legal options.
Liability for the Person Served Alcoholic Beverages
In Pennsylvania, individuals who consume alcohol and subsequently cause harm or injury can be held legally responsible under several legal theories:
- Personal Liability: An individual who becomes intoxicated and engages in negligent or reckless behavior—such as driving under the influence—can be held personally liable for any resulting damages or injuries. This liability applies regardless of where the alcohol was consumed.
- Criminal Liability: Beyond civil liability, intoxicated individuals may face criminal charges, such as DUI (Driving Under the Influence), which can result in fines, license suspension, and imprisonment.
- Comparative Negligence: In cases where an intoxicated individual is injured and seeks compensation, Pennsylvania’s comparative negligence laws may reduce or bar recovery if the individual is found to be more than 50% at fault for their own injuries.
It’s important to note that while establishments can be held liable under Pennsylvania’s Dram Shop laws for over-serving visibly intoxicated individuals or serving minors, this does not absolve the intoxicated individual from their own liability. Both the server and the consumer can be held accountable for damages resulting from the consumer’s intoxication.
When are Alcohol Vendors Liable for Drunk Driving Accidents in Pennsylvania?
Social host and Dram Shop liability in Pennsylvania allows injured parties to seek compensation from establishments or individuals who sold or over-served alcohol to an obviously intoxicated person or minor. Under Pennsylvania Dram Shop laws, Dram Shop cases and social host claims can be pursued by injured drivers, passengers, and pedestrians harmed by a drunk driver. Even passengers riding with drunk drivers may have legal grounds for a personal injury claim if the establishment or social host indirectly promoted excessive drinking and contributed to the accident.
Only the drunk driver and their family are generally barred from filing Dram Shop or social host liability claims. Pennsylvania Dram Shop law does not allow a drunk person or their family to seek damages for their own actions through a personal injury or wrongful death lawsuit on their behalf, even if over-serving may have indirectly caused them to drive with a blood alcohol concentration above the legal limit.
Additionally, a minor’s intoxication may result in liability for those who knowingly provided them with alcohol.
Our Dram Shop lawyers in Easton, PA, help victims navigate these complex claims and hold negligent parties accountable.
Who Can Be Sued in a Dram Shop Case in Pennsylvania?
Under PA Dram Shop law, various alcohol providers can be held liable in a Dram Shop case if their actions contribute to personal injuries caused by drunk drivers.
Licensed alcohol providers, including bars, restaurants, nightclubs, liquor stores, grocery stores, gas stations, and convenience stores, may face a dram shop lawsuit for over-serving visibly intoxicated individuals or serving alcohol to minors who later cause harm.
Social host liability also applies to private event hosts, corporate events, and fraternities, meaning these entities can be sued if adults provide alcoholic beverages to intoxicated guests or underage individuals. Any alcohol vendor—whether a commercial establishment, private host, or organization—may be responsible if their over-serving or illegal alcohol sales lead to an accident caused by drunk drivers.
Dram Shop Liability for Commercial Establishments
Dram shop liability in Pennsylvania holds commercial establishments, such as bars, restaurants, and liquor stores, responsible if they serve alcohol to visibly intoxicated individuals or serve minors, leading to injuries or a fatal accident caused by a drunk driver.
For example, if a bar served a visibly intoxicated patron displaying slurred speech and impaired coordination, and that patron later caused a crash, the establishment may be liable under Pennsylvania Dram Shop laws.
However, if a bar did not knowingly serve an intoxicated person, meaning the individual did not appear intoxicated at the time of service, liability may not be established.
Generally speaking, liability depends on whether the establishment had reason to believe the patron was intoxicated when served. Additionally, contributory negligence could reduce the establishment’s responsibility if the injured party’s own actions contributed to the crash. Our Easton Dram Shop lawyer team can help establish liability and determine if a commercial establishment can be held accountable for personal injuries or wrongful death under Pennsylvania law.
Social Host Liability Claims
Social host liability in Pennsylvania holds private individuals accountable if they serve alcohol to a visibly intoxicated or underage guest who later causes harm, such as a drunk driver causing a crash. Unlike commercial establishments, social hosts can be held liable even if they do not directly sell alcohol but knowingly serve alcoholic beverages to someone already impaired.
For example, if a homeowner hosts a party and serves alcohol to a guest showing clear signs of intoxication, such as slurred speech and unsteady movement, and that guest later causes a DUI accident, the host may be responsible.
Similarly, if parents allow teenagers to drink at a gathering and one drives intoxicated, they could be held responsible for damages in personal injury claims under Dram Shop liability. However, Dram Shop liability does not apply if an adult guest voluntarily engages in excessive drinking.
The Easton Dram Shop attorneys can evaluate these cases and determine if a social host liability claim applies. Contact our Easton drunk driving accident lawyers to learn more.
Bethlehem and Easton DUI Accident Attorneys FAQs
A drunk driving accident can leave victims with devastating injuries and financial burdens, but legal action may be possible under Pennsylvania Dram Shop laws. When alcohol providers and social hosts irresponsibly serve alcohol to a drunk driver who is already over the legal limit, they may be held accountable for the alcohol-related damage that follows. A car accident attorney in Easton, PA, can assess Dram Shop cases, gather medical records, and establish liability based on Pennsylvania’s own laws.
Victims may recover compensation for medical expenses, lost income, and other damages caused by a drunk driver. The Easton Dram Shop lawyers provide legal guidance, helping victims understand just what claims they may pursue. A free consultation can help determine the best course of action for those injured or for families who have lost a loved one.
How Dram Shop Insurance Affects Dram Shop Cases in Pennsylvania
Dram Shop insurance plays a significant role in Dram Shop cases in Pennsylvania by providing financial protection to establishments facing liability or social host claims. If a drunk person causes a crash after being served alcohol while showing signs of obvious intoxication or being under the legal drinking age, insurance coverage helps bars, restaurants, or social hosts cover potential settlements or jury awards.
This insurance may compensate personal injury victims for medical expenses, lost income, and other damages related to the accident. Without coverage, the business or individual could be held personally responsible for injuries or deaths caused by drunk drivers.
How Long Do People Have to File a Dram Shop Lawsuit in Pennsylvania?
In Pennsylvania, individuals typically have two years from the date of the incident to file a Dram Shop lawsuit against commercial alcohol providers and social host claims. This statute of limitations applies to cases involving a drunk person who was over-served and later caused harm, such as a drunk driver injuring others in a crash.
Proving a Dram Shop’s liability requires demonstrating that the alcohol provider or social host knowingly served alcohol to an obviously intoxicated person or a minor under the legal drinking age.
If the victim is a minor, the timeframe to file may be extended, allowing them to seek compensation for medical bills and other damages after reaching adulthood. Consulting an Easton Dram Shop attorney as soon as possible is essential to preserving evidence and building a strong case.
How an Easton Dram Shop Attorney Can Help
A Dram Shop attorney in Easton, PA, can help injury victims pursue civil cases against establishments that served alcohol to an obviously intoxicated person who later caused an accident.
Lawyers use signs of drunk driving or signs of obvious intoxication, such as slurred speech, reckless behavior, and failed sobriety tests, along with surveillance footage, accident reports, and witness statements, to prove Dram Shop’s liability under PA Dram Shop law.
By gathering medical records, bar receipts, and evidence of over-serving or promoting excessive drinking, our Easton Dram Shop lawyers work to establish that the drunk driver was negligently served, making the alcohol provider partially responsible. Our personal injury attorneys also negotiate with insurance companies to seek fair compensation for medical bills, lost wages, and other damages caused by drunk drivers and intoxicated individuals.
To learn more about how a Dram Shop attorney in Bethlehem or Easton, PA, can assist, contact our personal injury law firm.
Dram Shop Liability Settlements
Under PA law, drunk driving accident victims may seek compensation through Dram Shop liability settlements if an establishment is liable for over-serving an obviously intoxicated person who later caused harm. A successful Dram Shop claim can help recover medical expenses, lost wages, and pain and suffering damages for victims and their families.
In cases of extreme negligence, courts may also award punitive damages to hold the alcohol provider accountable for their reckless actions. Our Easton and Bethlehem Dram Shop lawyers fight for maximum compensation, ensuring that victims receive the financial support they need to rebuild their lives.
Dram Shop Lawyer in Easton and Bethlehem, PA
Dram Shop laws in Pennsylvania hold alcohol providers accountable for serving visibly intoxicated individuals or those under the legal drinking age, especially when their actions lead to drunk driving accidents. Victims of these incidents may face medical expenses, lost wages, and other financial losses caused by a drunk driver, but pursuing a Dram Shop case can help secure financial compensation.
If you or a loved one has been harmed due to negligent alcohol service, our Easton Dram Shop attorneys are ready to assist with Dram Shop claims. Contact a Dram Shop lawyer today for a free consultation at 610-258-9955 to discuss your case and explore your legal options.
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