How to Show a Bar Is Negligent in Alcohol Service

Law Blog

The dram shop laws make negligent alcohol vendors responsible for the actions of their clients. For example, if you are hurt in a car accident caused by an intoxicated driver, you can get the bar that served the driver alcohol to pay for your damages if you can prove that it was negligent. Here are four things you can use to prove a bar's negligence:

Not Asking for Proof of Age

Everybody is prohibited from selling alcohol to a minor. The only way an alcohol vendor can know whether a person is over the legal drinking age is to ask for proof of age, which is usually provided in the form of a government-issued ID such as a driving license. Therefore, if the bartender did not do this, then you can use the omission as proof that the bar is negligent in its sale of alcohol.

Serving a Person After Closing Time

Bars have designated closing times to reduce incidences of violence, neighborhood noise, and traffic accidents. Therefore, a bar that continues to sell alcohol beyond the official closing time is clearly negligent in its operations. For example, some bars have the habit of closing their front doors at closing time, but then continuing to sell alcohol through the back door or to patrons who were already inside.

Serving Alcohol to a Visibly Intoxicated Person

Alcohol vendors are also legally obligated to stop serving alcohol to people who are visibly obligated. Continuing to sell alcohol to such a person may make them intoxicated to the point that they become a danger to themselves or the public. For example, an extremely intoxicated person may cause an accident by staggering onto the path of an oncoming car. Therefore, if the bar sold alcohol to a patron who was staggering, slurring their speech, and spilling their drinks, then that action may also be used to show its negligence.

Serving Too Much Alcohol to an Individual

Lastly, you should also know that bars are supposed to look out for their customers and prevent them from getting too intoxicated. One way in which bars do this is by not serving individuals with large volumes of alcohol that would obviously make them too intoxicated. Therefore, a bar shows its negligence by selling a dozen bottles of beer to an individual.

Note that with legal issues, what matters is what you can prove, and not what you think is true. A personal injury lawyer can help you prove why a bar is negligent and should pay for your injuries. Learn more by contacting services like Janet P. Welton, P.A.


27 February 2017

Legal Issues in Flipping Property

People with an eye for property can make a great deal of money buying a house, fixing it up and then selling it for a profit. However, there are many legal issues involved in this kind of pursuit. I am an attorney with experience in real estate, and I have helped many clients learn the legal details involved in flipping property. This blog will help you understand what you need to know when you are buying and selling a home as well as information about paying taxes on money made and property owned. Flipping houses can be a very profitable activity as long as you know how to do it legally.