If a drunk driver injured you, you may wonder: can I sue the bar that served them? The answer depends on your state's dram shop laws — and they vary dramatically across the country.
What Are Dram Shop Laws?
Dram shop laws hold alcohol-serving establishments (bars, restaurants, liquor stores) liable when they serve alcohol to someone who then injures a third party. Most states have some form of dram shop liability, but the rules differ significantly.
States With Strong Dram Shop Liability
Texas (Alcoholic Beverage Code §2.02): Bars are liable when they serve alcohol to an 'obviously intoxicated' person who then causes injury. Texas also allows claims against providers who serve minors. New York (General Obligations Law §11-101): Establishes liability for unlawful sale of alcohol that causes injury. Florida (§768.125): Generally shields establishments from liability for serving adults, but creates liability for knowingly serving minors or serving a person 'habitually addicted to alcohol.' Illinois (Dram Shop Act, 235 ILCS 5/6-21): One of the strongest dram shop laws in the nation — allows claims against any establishment that sells alcohol to an intoxicated person who then causes injury.
States With Limited Dram Shop Liability
California (Business & Professions Code §25602): Generally shields bars from liability for serving alcohol to adults. However, BPC §25602.1 creates liability when a bar serves alcohol to an obviously intoxicated minor. Several other states similarly limit liability to situations involving minors.
Social Host Liability
Many states also impose liability on 'social hosts' — private individuals who furnish alcohol. This is most commonly applied when adults provide alcohol to minors at parties. Some states like New Jersey have broad social host liability even for adult guests; others like California limit social host liability to situations involving minors.
Employer Liability
Employers who provide alcohol at work events can face respondeat superior liability if an intoxicated employee causes a crash after a work-sponsored event. This theory can bypass dram shop limitations in many states.
Don't Assume No Third-Party Liability
Every DUI case should be investigated for potential third-party liability. We examine where the driver was drinking, how they obtained alcohol, and whether any establishment or individual violated their duty. Contact Bond Legal at (866) 423-7724.
