Terre Haute Dram Shop Lawyer

When a drunk driver causes a motor vehicle collision, they are liable for injuries that occur as a result. Under state law, the same may be true for the person that served that driver drinks.

In Terre Haute, “dram shop” laws hold third parties liable when they provide drunken drivers with alcohol in certain situations. However, securing compensation under these laws can be extremely difficult to do without the help of a seasoned injury attorney.

Understanding Dram Shop Laws in Terre Haute

The dram shop law is governed by state statute. Under this law, any individual who provides alcohol to another person that then causes injury could be held liable. However, there are many factors that go into determining when this statute is applicable.

The statute provides a broad definition of “furnishing.” To furnish alcohol to another person, an individual could sell it, serve it, or give it away—no monetary exchange is necessary.

Two essential elements must be met for a dram shop case to be successful. First, the person furnishing the alcohol has to be aware that the individual they were serving was intoxicated at the time. Selling alcohol to a sober person who later becomes inebriated and causes an accident does not qualify.

Second, the person’s intoxication must be the proximate cause of the injuries. In other words, injuries that do not result from a person’s intoxicated state will not qualify. That means dram shop laws could be relevant if a drunk driver causes an accident.

To Whom do Dram Shop Laws Apply?

It is common for dram shop lawsuits to target bar owners and other businesses. After all, businesses are more likely to furnish alcohol to patrons than private individuals. It is worth noting that these laws can apply to different parties.

When it comes to businesses like bars or package stores, liability primarily rests on the business itself. However, it is also possible to pursue a case against the individual employee responsible for furnishing alcohol to the person in question. These cases typically involve both the employee and the business.

Liability does not extend only to businesses and their employees. Under state law, dram shop laws also apply to social hosts. The law does not distinguish between vendors or social hosts, meaning that any party that furnishes alcohol and meets the other elements of the statutes could face liability.

Rely On a Terre Haute Dram Shop Attorney Today

Dram shop law is complicated, and most people are unfamiliar with the statute. However, this law could provide an avenue for compensation in cases where a social host or business supplied alcohol to someone when they should not have.

A Terre Haute dram shop lawyer could help ensure you make the strongest case for compensation. Call Fleschner, Stark, Tanoos & Newlin right away to schedule your confidential consultation.