Seeking Justice

A drunk driving or DUI/DWI sentence could be the very first thing that comes to mind whenthinking of the effects of driving under the influence. Drunk driving or intoxication often results inproblems to the person drinking and to others, alongside property damage. If you deliver alcohol to someone who creates property damage and injuries, you may deal with a civil lawsuit for money damages. 

Realize the issues and risks of providing alcohol.

Sources of Liability for Alcohol Providers

Several kinds of alcohol providers might be accountable for the antics of an drunk person. Providers include distributors, such as bars, dining places and merchants. Also included are social hosts, recruiters and fraternities.

In the past, alcohol providers normally weren’t held to blame by courts for an intoxicated person’s actions. Many states then passed dram shop laws. These laws place liability on some alcohol companies for damages caused by intoxicated people. Today, most states have a dram shop law, but coverage differs. Dram shop laws tend to differ on the elements of:

• Who can be found liable for injuries and damages for providing alcoholWhat damages an injured person can seekWhether relief under the dram shop law is the only relief allowed
• The remedy allowed under a dram shop law may be exclusive. This means that lawsuits based on other legal theories, such as negligence, might be barred.

Minors and Third Party Liability

Liability of a vendor or a social host can depend upon whether the intoxicated person is an adult or a minor. Providing minors with alcohol can be the basis for negligence claims. A plaintiff in a lawsuit would try to show negligence through a breach of duty of care by furnishing alcohol to a minor. In doing so, it was envisioned or foreseeable that intoxication, property damage and/or injuries would result.

According to the state, vendors selling alcohol to a minor might be treated in different ways than social hosts. As an example, the convenience store owner compared with the host of party at home. Liability for selling or supplying alcohol to minors can be based on violations of laws, regulations or local ordinances against underage drinking.

Other Providers of Alcohol

Employers can be sued for damages that result from supplying alcohol to an employee, or to someone in the role of a social host. Employers can be responsible for an employee’s actions under the doctrine of respondeat superior. This can include instances when an employee is on the job, or when his actions are within the scope of his employment. Examples include company events or business meetings.

College fraternities are often sued after supplying alcohol at parties and their members or party guests cause accidents and injuries. A plaintiff may seek to hold a fraternity liable as a social host. Another basis for liability is the tort theory of premises liability. The claim is that the fraternity failed to keep its premises reasonably safe during a party at which alcohol was served.

For help with a criminal defense Athens GA, select a DUI lawyer Athens GA.

Filed under: technology by Robert