Submitted by Aiken Jacobsen on
We have written many stories about the damage which results from drunk driving. When a drunk-driving car accident results in death, injuries or even vehicle damage, that irresponsible driver can face criminal and civil charges.
But there are times when others may also share blame for a drunk driving accident, and those people or businesses can be held responsible. California is one of 40 states that have laws regarding dram shop liability.
Dram shop liability laws allow bars and liquor stores to be held accountable if their actions contributed to a drunk-driving car accident. These actions can include serving alcohol to a clearly intoxicated patron or allowing an intoxicated patron to get behind the wheel.
A good example of a dram shop liability occurred recently in a Philadelphia case. A bar was found criminally liable in a fatal drunk driving accident caused by one of its customers.
The incident involved a bartender who continued to serve alcohol to a woman who was clearly intoxicated. When the woman's behavior became rowdy, a bouncer escorted her out of the bar. However, instead of calling a cab the bouncer took the woman to her own car.
The intoxicated woman was later involved in a drunk driving accident that killed her and two other people.
The company that owns the bar was charged with reckless endangerment because it failed to properly train its employees. It was also charged with serving alcohol to a customer who was clearly intoxicated. The president of the company pled guilty to all charges and must now pay $12,500 in fines and restitution.
Every state has differing laws regarding dram shop liability, but California is among the 40 states with such laws. Dram shop liability laws are one of the many ways California has cracked down on drunk driving.
Source: Reuters news, "Bar Criminally Liable for Patron's DUI Crash," Stephanie Rabiner, 21 April 2011
