Raleigh Dram Shop Liability Lawyer
Most people think nothing of going out and drinking a little too much at a bar or restaurant. While it might seem like harmless fun at first, when individuals drink to excess and decide to drive, the results can be fatal. What many do not realize is that restaurant and business owners can potentially be held responsible for whatever incident transpires. The Dram Shop Act is an act that says that the owner of a restaurant or bar can be held responsible if they over-serve a patron and that patron drives and injures or kills someone in a motor vehicle accident. If you have been involved in an accident as the result of a driver that was overserved at a bar or restaurant, consult a Raleigh dram shop liability lawyer. A qualified premises liability attorney could work tirelessly towards a positive outcome for you.
Aspects of Liability Cases in Raleigh
One thing people need to know about premises liability cases is that oftentimes a property may have a medical payments policy on the land. It is also called Med-Pay. Regardless of fault, it may be available to assist the injured person with their medical bills. Another aspect to consider in premises liability cases is who owns the property and what kind of property it is because different rules that apply if it is a lessor or lessee as opposed to the owner and occupier of the house.
Examples of Dram Shop Liability Cases
An example of a dram shop liability case would be someone goes to a bar and has multiple beverages and are visibly intoxicated. The bartenders or waiters continue serving him despite his intoxication and then allow him to leave the premises and drive their vehicle. That is the most common set of facts where a Raleigh dram shop liability lawyer could help someone pursue a case.
One thing that is important, the patron needs to appear impaired. Without the impairment, it is hard to say it was reasonably foreseeable they could have driven while intoxicated or the establishment should have known that they were being over-served.
Liability and Damages Under the Dram Shop Act
The bar or the restaurant is ultimately responsible for dram shop accidents. The individual who was serving the alcohol could be named as well, but they would also want to name the owner of the business. It would be important to search the Secretary of the State’s website and conduct a corporation search to make sure the person named is the correct entity because that is ultimately going to be who is responsible.
A person must prove that the establishment over-served the driver and that they knew or should have known that the person was intoxicated and continued serving alcohol and permitted them to leave. North Carolina is a contributory negligence state. When someone falls or gets injured on another person’s property, there are almost always going to be allegations of contributory negligence. It is important to have ironed out the facts of exactly what happened and how the person injured did not do anything wrong.
The damages available are going to be past and future medical expenses, pain and suffering, and any lost wages that may exist. Unfortunately, a Dram Shop Case often ends up a wrongful death case. If someone is driving that intoxicated, the wreck is usually very bad. In a wrongful death case, there is the loss of the person to their heirs, reasonable pain and suffering before they died, and funeral expenses.
If you or a loved one has been injured in an accident due to a bar owner overserving a driver, it is important that you get in touch with a Raleigh dram shop liability lawyer. A skilled liability attorney could collect physical evidence, speak with witnesses, and help you file a personal injury case. Work with an experienced legal advocate that can attempt to hold the responsible parties accountable, and can fight for a positive outcome for you.