Brownsburg Dram Shop Liability Lawyer

In Indiana, both individuals and businesses that sell alcohol to intoxicated persons or minors may face civil liability if that person causes injuries in an accident. When bartenders and wait staff allow an impaired person to continue drinking, this act of negligence can lead to a viable case for compensation.

The state’s Dram Shop Act provides injured parties a path to financial recovery against the impaired driver and the party that overserved them. If a drunk driver injures you, a Brownsburg dram shop liability lawyer can advise you of your legal options. Call our law office today to speak with an experienced auto collision attorney.

Dram Shop Act Basics

Indiana’s Dram Shop Act provides an injured person with a potential negligence claim when they are injured in an accident with a drunken driver. While there is no question that they can sue the impaired motorist, the Dram Shop Act also allows for legal action against anyone who furnished that person with alcohol while knowing they were impaired.

Furnishing is a broadly defined term. Often, it is used to describe package stores or bars that sell alcohol to someone when it is clear they are already intoxicated. However, furnishing does not have to involve a financial transaction at all. Serving or giving an impaired person drinks can lead to a case for liability, whether or not there was a monetary exchange, but it can make collecting evidence complex.

The success of these claims relies on two critical factors. First, the person furnishing the alcohol must have been aware that the individual they served was already impaired. This statute does apply when alcohol is sold to a sober person who gets in a drunk-driving accident later on. Second, the impaired driving must have played a role in causing the crash. An attorney in Brownsburg can answer questions about when dram shop liability is possible in these cases and how to collect evidence to prove it.

Dram Shop Laws Apply to More Than Just Businesses

Most cases involving the Dram Shop Act stem from a person drinking at a bar or restaurant before driving away and causing a crash. In most cases, people who drink in excess away from home do so at an establishment open to the public.

Depending on the circumstances, the business and its owner can face liability in these cases. This is true not only for restaurants and bars but also for package stores. Any business that sells alcohol—in-store or to go—has an obligation to refuse a sale to someone who is intoxicated.

Liability for this behavior is not limited to businesses, however. The Dram Shop Act also applies to social hosts in Indiana. In fact, the law does not distinguish between entities that furnish alcohol or the hosts of social gatherings. An attorney in Brownsburg can answer questions on when dram shop liability applies.

Damages in a Dram Shop Lawsuit

The Dram Shop Act provides injured parties with a path to compensation, and the possible damages are similar to any other negligence claim. When a civil suit is successful, a plaintiff could recover the following:

• Past and future medical bills.
• Emotional distress.
• Loss of enjoyment of life.
• Lost wages.
• Diminished future earnings.
• Property damage.
• Pain and suffering.

A Dram shop liability lawyer in Brownsburg can provide insight into the types of compensation that might be available after a crash. Call Fleschner, Stark, Tanoos & Newlin for more information.

Talk to a Brownsburg Dram Shop Liability Attorney Today

If you were injured in a crash with a drunk driver, there might be multiple parties that are at fault. At Fleschner, Stark, Tanoos & Newlin, our reliable legal team is here to help you pursue justice from all responsible parties. Contact a Brownsburg Dram shop liability lawyer today for a private consultation.