What Are Dram Shop Laws?
Intoxicated driving is a serious issue in Louisiana as it is throughout the country. In fact, data from the National Highway Traffic Safety Administration (NHTSA) indicates that about one-third of all deadly vehicle wrecks involve intoxicated driving, and that number is slightly higher in Louisiana. Drunk driving causes motorists, motorcyclists, bicyclists, and pedestrians to sustain severe and even deadly injuries, leaving victims and their families to suffer countless economic and non-economic damages. In some states, dram shop laws allow these victims of drunk driving accidents to not only sue the drunk driver for damages, but to sue the restaurant or bar that served the driver as well. However, under the provisions of Louisiana dram shop laws, this is rarely the case. Below, our Shreveport drunk driving accident lawyers break down the most common questions such as – what are dram shop laws? How will these laws potentially affect my car accident claim?
If you or a loved one has suffered severe injuries or wrongful death due to a drunk driver, allow the Shreveport personal injury lawyers at Rice & Kendig fight for the justice and compensation you deserve. Call 318-222-2772 to schedule a free consultation with our legal team today.
Understanding Dram Shop Laws in the U.S.
The term “dram shop” is an old one that was used to refer to bars or similar establishments where alcoholic drinks were served. Accordingly, the colloquial term for liquor liability laws that exist in many states across the US are known as dram shop laws. In many other states, dram shop laws allow victims of drunk driving accidents to sue not only the drunk driver, but the restaurant or bar that served the drunk driver as well, especially if the drunk driver was served to excess. The laws in these states typically have provisions that state that restaurants or bars cannot serve alcohol to minors, and they can’t serve alcohol to someone who is already extremely intoxicated. If they do, they can be held liable in a drunk driving accident under the state’s dram shop law.
Understanding Louisiana’s Anti-Dram Shop Law
However, Louisiana’s liquor laws explicitly limit liability for bar and restaurant owners who serve alcohol to customers who end up drinking and driving, and ultimately causing crashes and injuries. The law in Louisiana is described as a “limitation of liability for loss connected with sale, serving, or furnishing of alcoholic beverages.” The language of the statute then makes clear that “the consumption of intoxicating beverages, rather than the sale or serving or furnishing of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or another person.”
In other words, it is the act of drinking alcohol and driving that causes a drunk driving crash, not the serving of alcohol. Just as this law limits the liability of any bar or restaurant owners, it also limits the liability of any private parties who serve alcohol at parties, for example, to individuals who leave the party and cause a drunk driving collision (i.e., no social host liability in Louisiana).
Filing a Lawsuit Against Someone Other Than the Drunk Driver
Under Louisiana law, the intoxicated driver’s insurer is defined as the party “primarily liable with respect to injuries suffered by third persons” in a collision caused by an intoxicated driver. However, the law does not entirely limit an injured person’s ability to sue someone other than the drunk driver, including parties that may have deeper pockets and a more immediate ability to compensate you for losses.
Depending on the circumstances, the employer of the intoxicated driver could be liable if the driver was working at the time of the collision. Or, for example, the collision could have resulted in part from a vehicle defect or a roadway hazard, in which case a designer or manufacturer of the vehicle part, or the owner of the area where the crash occurred, could be partially responsible. In some drunk driving crashes, other motorists are also involved, and their own negligence could make them liable in part for injuries.
Contact a Shreveport Drunk Driving Injury Attorney at Rice & Kendig Today
To determine liability in a drunk driving collision and to begin working on a claim, contact an experienced Shreveport car accident lawyer at Rice & Kendig today. We will investigate the details of your claim and help you recover fair compensation for all of your damages, including medical bills, physical therapy bills, lost wages, pain and suffering, and so much more. Schedule a free consultation with our legal team by calling 318-222-2772 today.
Sources:
nhtsa.gov/risky-driving/drunk-driving
legis.la.gov/legis/Law.aspx?d=107251
