Who are the typical defendants in a dram shop action or liquor liability case?
In a dram shop or a liquor liability case, the typical defendants are the licensee, which is the person who holds the liquor sales license, and also some of their employees, such as their bartenders, their wait staff, or their alcohol service manager.
Are tavern or bar employers or the actual employees liable in a dram shop action or liquor liability case?
In a dram shop or liquor liability case, the bar or tavern is responsible because it holds the liquor license. The employees who work there are also responsible for making sure that alcohol is sold and served in a responsible manner and in a safe manner.
Can a bar be held responsible if a drunk driver injures or kills someone?
Yes, a bar or restaurant that serves alcohol to a person who is visibly intoxicated, and then that person leaves their establishment and causes an accident in which another person is injured or killed, the bar is responsible. The restaurant would be responsible. They are required to follow safe alcohol service practices under Rhode… Read More »
Can a bar, restaurant, or liquor store be held responsible if alcohol is sold or given to a minor?
In Rhode Island, it is prohibited by law to deliver, sell, or serve alcohol to a minor. When a bar, or restaurant, or a liquor store does that type of thing, they are responsible.
Can a restaurant or liquor store be held responsible if a drunk driver injures or kills someone?
A restaurant is responsible if it over serves alcohol to a visibly intoxicated person, and a liquor store would be responsible if it sold alcohol to a person who was a minor or someone who was already intoxicated. In both of these circumstances, they would be violating Rhode Island laws regarding the safe sale… Read More »
Can I sue someone for damages if they were already found guilty in criminal court?
The outcome of a drunk driver’s criminal case does not affect your ability to bring a civil claim against them. They’re two completely different standards. What is good is that if the person is convicted of drunk driving, then that can be used to enhance your case against them for your personal injuries.
Does a liquor license provide immunity for bars or liquor stores?
Immunity means that you cannot be held responsible for what you’ve done. Liquor licenses do not provide immunity. Bars and liquor stores still must sell liquor responsibly.
Is a drink on the house considered a sold beverage for dram shop actions or liquor liability cases?
A drink on the house is not a sale. However, the Dram Shop or Liquor Liability Law in Rhode Island covers more than just the sale of alcohol. It also includes the service or providing of drinks. So a drink on the house does fall within the Dram Shop and Liquor Liability Laws of… Read More »
Is it necessary to prove that the drunk driver was visibly intoxicated at the time that alcohol was sold or furnished?
In Rhode Island, it is a requirement to sue the bar or a restaurant that you prove the person who received the alcohol or was served the alcohol was visibly intoxicated at the time. In Rhode Island, this is often done through use of expert witnesses and that’s one reason you should have an… Read More »
What actions give rise to liability for a bar, tavern, or liquor store in a dram shop action or liquor liability case?
Bars and restaurants can be sued for over serving alcohol to a visibly intoxicated person. Liquor stores can be sued for providing alcohol to a minor or for selling it to someone who is visibly intoxicated.
