We all enjoy visiting bars and pubs to have a great time with friends and family. However, it is important to consider the responsibilities of the bartenders who serve us. Bartenders are required to serve alcohol responsibly and avoid over-serving individuals who are already intoxicated. This is why many people wonder if they can sue their bartender for over-serving them. In this blog, we will discuss the concept of Dram Shop Liability, which could hold bartenders and bars accountable for over-serving their customers.
What is Dram Shop Liability?
Dram Shop Liability is a legal term to describe the responsibility of bartenders or establishments serving alcohol. It holds them accountable for the actions of their customers after they have been served alcohol. This means that if a bartender over-serves you alcohol and you cause an accident while driving under the influence, the bar or establishment could be held responsible for your actions.
Can You Sue a Bartender for Over-Serving You?
Yes, you can sue your bartender or the establishment for over-serving you alcohol. However, it’s important to note that the laws on dram shop liability vary from state to state. In most cases, you need to prove that the bartender knowingly continued to serve you alcohol even after you appeared to be drunk. You will need to demonstrate that the bartender or establishment acted negligently and did not serve you responsibly.
Proving a Dram Shop Case
To win a Dram Shop case, you will need to demonstrate that the bartender or establishment had a duty to serve you responsibly, that they breached this duty, and that as a result, you were injured or caused injury to someone else. You will also need to prove that you didn’t reasonably contribute to your injuries. To do this, you will need to gather evidence such as witness statements and surveillance footage, which shows that the bartender continued to serve you alcohol even though you appeared to be drunk.
Benefits of Filing a Dram Shop Case
Filing a Dram Shop case can help you receive compensation for your injuries and damages caused by the accident. It can also hold the bar or establishment responsible for their negligence and encourage them to improve their policies and practices for serving alcohol. Furthermore, it can also serve as a warning to other bars and bartenders to follow responsible serving practices to avoid legal trouble.
In conclusion, Dram Shop Liability is a serious legal concept that could hold bartenders and establishments responsible for over-serving their customers. If you have been injured in an accident caused by someone who was over-served alcohol, you may be eligible to file a Dram Shop case. However, it’s important to take into consideration the way these laws vary from state to state. As a driver in South Carolina, it’s advisable to be aware of the responsibilities of the bartender or establishment serving you, and to make sure that they don’t over-serve you. By acting responsibly, you can avoid the risk of getting into an accident, and also ensure that you are not held liable for the actions of others who may have over-served you.
