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Understanding Dram Shop Cases
What is a Dram Shop case?
Dram shop refers to a civil cause of action against places of business which serve alcohol and impose civil liability on these establishments when they serve alcohol to someone underage or already intoxicated who then goes on to break the law or get in an accident that hurts themselves or others.
In Pennsylvania, individuals can recover financial compensation when the establishment who served them alcohol knew, or should have known, that they were visibly intoxicated when served, were unfit to drive, or should have been stopped from drinking.
Ferrara Law Offices aggressively pursues dram shop claims in the greater Philadelphia Area.
If you are a loved one has been victimized by a a person being "over served" alcohol, consult first with an experienced personal injury attorney who has a track record of dealing successfully with dram shop cases. If you or a loved one has been injured by a drunk driver, contact Ferrara Law Offices, P.C. for a free consultation, your Philadelphia dram shop lawyer. .
What is the interplay between the Dram Shop laws and Minors illegally served alcohol?
Dram Shop laws in Pennsylvania impose liability on commercial vendors and social hosts who supply alcoholic beverages to minors.
In Pennsylvania, Dram Shop laws serve as a deterrent to underage drinking by imposing liability upon those who serve alcohol to minors.
Under Pennsylvania law, furnishing alcohol to a minor is a serious crime. It is illegal for drinking establishments to serve underage individuals.
Pennsylvania also holds all persons liable (i.e., anybody) for social host liability laws if they serve a minor alcohol. When an underage drinker obtains alcohol at a party and then causes a car crash injuring innocent victims, then the party host could be legally responsible fore serving the minor. In fact, the victim could sue the party host for providing alcohol to the minor who in turn caused the crash and the resulting injuries and damages.
If you are a loved one has been victimized by a a person being "over served" alcohol, consult first with an experienced personal injury attorney who has a track record of dealing successfully with dram shop cases. If you or a loved one has been injured by a drunk driver, contact Ferrara Law Offices, P.C. for a free consultation, your Philadelphia dram shop lawyer.
What are Pennsylvania's Dram Shop Laws?
The Pennsylvania Liquor Code, Section 4.493(1) provides the statutory basis for imposing civil liability for serving a person who is visibly intoxicated. Specifically, it is unlawful for any business to "to sell, furnish or give any liquor or malted or brewed beverages, or to permit any liquor or malted or brewed beverages to be sold, furnished or given to any person visibly intoxicated, or to any insane person, or to any minor, or to habitual drunkards, or persons of unknown untempered habits."
The gravamen of a dram shop case center upon "visible intoxication" of the person served. "Visible intoxication" standard requires that a victim must prove that a person was served was served alcohol even after being visibly intoxicated.
Ferrara Law Offices prove dram shop cases not only through detailed discovery and investigation, but with also through the use of expert toxicologists who provide opinions relating to "visible intoxication" by extrapolating blood alcohol results to show what a patron's blood alcohol level when served.
If you are a loved one has been victimized by a a person being "over served" alcohol, consult first with an experienced personal injury attorney who has a track record of dealing successfully with dram shop cases. If you or a loved one has been injured by a drunk driver, contact Ferrara Law Offices, P.C. for a free consultation, your Philadelphia dram shop lawyer.