What The Pennsylvania Dram Shop Law Is All About

by | Jun 22, 2015 | Law

Drinking and driving causes a lot of pain for the innocent victims. Families suffer after loved ones are injured and cannot work. If you are a victim, there are many ways to recover damages. First, recover damages from the guilty party’s insurance company. Insurers must cover a victim’s lost wages, pain and suffering and medical expenses. Additionally, they should pay for any permanent damage to a victim’s body. Do not let the driver or any other responsible party shirk their responsibility.

The state of Pennsylvania Dram Shop Law adds a new way to recover damages. This law adds an avenue to recover from the party who sold the alcohol to the guilty driver. Businesses are held liable if they sell alcohol to someone who is drunk and then goes out and injures someone. Victims should consult an attorney to see if they possibly have a claim. Dram shop violations may include the following:

• selling to someone who is obviously drunk

• selling to a minor

• selling alcohol without a license

• selling alcohol after normal business hours

Victims should consult with an attorney to clarify the viability of a claim. The attorney will explain the various facts that must be established to have a claim. First, the attorney has to identify the establishment that sold alcohol to the intoxicated driver. Next, one has to prove that the business sold to an intoxicated person or a minor. Finally, it must be shown that the accident happened because the driver was under the influence. The theory behind the Pennsylvania Dram Shop Law is a good one. Bar owners are required to keep an eye on customers. They should not let them drink too much. In addition, most states require waiters, waitresses, and other employees to keep an eye out. In fact, some states charge bar owners criminally if an over-served customer injures someone. This is the type of law that makes people stop and think about their actions. Similarly, gun dealers are required to take certain steps to protect the public. Individuals who sell alcohol need to step up to the plate as well.

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