In certain circumstances, individuals can be held liable
under dram shop laws for providing alcohol at a party or some other gathering.
In New Mexico, an injured party will only be able to seek damages
under the Dram Shop Law if they can establish three very important facts.
Proving liability
under the dram shop law can be a complicated issue.
Under dram shop law, in a case of an accident, the licensed establishments are also held responsible for the accident.
Not exact matches
Under Georgia liquor liability
laws (
dram shop liability
laws), it is necessary to prove that the server knew or had reason to know that the individual was already intoxicated when the liquor was served.
It all depends on the circumstances
under which Kyle was served and the
dram shop law defense.
You don't have to be involved in an automobile accident to sustain injuries that may be compensable
under the
Dram Shop or Liquor Liability
laws.
Importantly, Nebraska does not have a
Dram Shop Law, and this case was not filed
under this theory of recovery.
Following the accident, the plaintiff then brought suit against DLN Enterprises, Inc. («DLN»), which owns the Tavern, and Richard Smith, the sole shareholder of DLN, alleging claims
under Georgia's
Dram Shop law, O.C.G.A. § 51-1-40, as well as negligent training and supervision claims.
The plaintiff filed a personal injury case against the bar, arguing that
under the state's
Dram Shop Law, it should be liable for the injuries caused by the intoxicated driver.
However, the
dram shop law in Florida is limited.If the defendant is found
under the age of 21 and post investigation it shows that the bar served liquor to the defendant, then, in this case, the bar is held responsible for the accident along with the defendant for consuming alcohol
under the required age.
A bar that over-served a customer may be liable
under Massachusetts
dram shop laws.
Dram shop liability claims fall
under civil
law, which means that damages resulting from alcohol - related accident claims are expressed in terms of financial compensation.
Under Idaho's
dram shop laws, a bar, liquor store, restaurant or other establishment that sells alcohol can not serve alcohol to an obviously intoxicated person.
Under New Mexico's
Dram Shop laws, Madrid then sued the restaurant for damages, claiming that «in the hours before the accident, Defendants served alcohol to Sanchez to the point of intoxication while he and Plaintiff were patrons at Defendants» restaurant.»