If you have been injured in an accident involving an intoxicated person, the situation can be difficult. Whether it is a crash with a drunk driver or an injury at a property where alcohol was irresponsibly served, the legal process can become complicated. In these cases, not only might the intoxicated individual be held responsible, but the establishment that served them alcohol could also be liable. Bartlett dram shop lawyers, like David E. Gordon and Elissa M. Coombs, help victims pursue justice by holding bars, restaurants, or other alcohol-serving establishments accountable when they over-serve someone who later causes harm.
A car accident attorney with experience in dram shop cases can be invaluable in securing the justice you deserve. They can handle the complexities of the case, negotiate with insurance companies, and ensure that all liable parties are pursued for maximum compensation.
Understanding Dram Shop Laws
Dram shop laws hold alcohol-serving establishments accountable for injuries caused by intoxicated or underage patrons. Under Tennessee law, if a bar, restaurant, or venue continues to serve alcohol to someone who is clearly drunk, and that person subsequently causes harm, the establishment may be found negligent. This law is essential for victims, as it allows them to pursue compensation not only from the intoxicated individual but also from the business responsible for the alcohol consumption.
While Tennessee Code Annotated § 57-10-101 recognizes that the legal cause of injuries inflicted by an intoxicated person is the drinking of alcohol rather than the serving of it, Tenn. Code § 57-10-102 allows the establishment or seller to be held legally accountable if they sold the alcohol to a person who:
- they knew was younger than 21 years of age or
- was visibly intoxicated.
The injury must have been caused as a direct result of drinking the alcohol as well.
A Bartlett dram shop attorney understands the complexities of proving such cases. A 12-person jury must determine that the sale of the alcohol was the legal cause beyond a reasonable doubt, a standard of proof requiring high certainty. Consequently, cases like these are difficult to prove.
Even so, this law places an added layer of liability on alcohol-serving businesses, making it crucial for establishments to train their staff properly, monitor their patrons, and refuse service to anyone who appears intoxicated.
How Dram Shop Claims Work
The first step to a successful dram shop claim is proving that the person who caused the injury was intoxicated at the time of the accident. This can be shown through police reports, witness testimonies, or even video surveillance from the establishment where the alcohol was served.
Additionally, the injured person must demonstrate that the establishment was negligent in serving the individual. This evidence is often key in securing a successful dram shop claim, as it shows that the establishment violated their duty of care to their patrons and the public.
Depending on the severity of the injury, an individual may be entitled to compensation for medical expenses, lost income, pain and suffering, and emotional distress. Furthermore, if the intoxicated individual caused a fatal accident, wrongful death claims can also be pursued.
The Importance of Legal Representation
Because the standard of proof is difficult to meet, hiring a lawyer who is experienced in Bartlett dram shop claims can significantly improve your chances of success. Dram shop cases can be complex, requiring in-depth knowledge of both personal injury law and alcohol-related statutes. David knows how to gather the necessary evidence, negotiate with insurance companies, and advocate on your behalf to secure the compensation you deserve for your injuries and losses.
Schedule a Consultation with a Bartlett Dram Shop Attorney
If you or a loved one has been injured as a result of an intoxicated person, it is essential to take action as soon as possible. Dram shop laws offer an opportunity for victims to seek compensation from those who over-served alcohol to individuals who later caused harm. David E. Gordon and Elissa M. Coombs are experienced Bartlett dram shop lawyer who can guide you through the legal process.
Do not wait. Your case is time-sensitive, as personal injury claims must be filed within one year in Tennessee. Contact us today for a free consultation.
