The Washington DC Dram Shop law lets you sue a business if they served an intoxicated person or minor who then caused an accident that injured you. The law not only lets you seek compensation, but it also lets you hold those who contribute to drunk driving crashes accountable.
The Washington DC drunk driving accident lawyers at Marks & Harrison have helped many people injured in collisions use Dram Shop laws to bolster their cases. However, knowing how this law works and its limitations is crucial if you want to hold a negligent business or person liable for your injuries.
What Is a Dram Shop?
“Dram Shop” is an outdated term for a business that sells alcohol. The term comes from an old unit of measurement called a “dram,” which these businesses often used when selling alcoholic beverages to customers. Most people don’t use the phrase anymore, but it’s stuck around in legal circles because of the Dram Shop laws in many states and the District of Columbia that penalize negligent business owners.
What Are Washington DC’s Dram Shop Laws?
The DC Dram Shop law states that a business with a liquor license can be held liable for knowingly selling alcohol to a minor or intoxicated person who then causes a drunk driving accident. The victim can file a personal injury lawsuit against the business to hold it accountable for their losses, including medical expenses, lost wages, and pain and suffering.
Why Does DC Have Dram Shop Laws?
For many years, the prevailing theory regarding drunk driving crashes was that responsibility for the crash began and ended with the drunk driver. They chose to drink and are solely responsible for the injuries and property damage they caused.
Over time, people and state governments began to question this theory and hold businesses responsible for drunk driving crashes in limited circumstances. Yes, drunk drivers choose to drive while intoxicated. But businesses sometimes contribute to crashes by serving someone who’s below the legal drinking age or has clearly had too much to drink already.
Dram Shop laws in DC and various states aim to find a middle ground between making drunk drivers solely responsible for their actions and blaming businesses for the actions of drunk drivers. In DC and most states with Dram Shop laws, businesses are usually only liable for a crash if they broke the law by serving an underage customer or someone who was obviously impaired. While the DC Dram Shop law and similar laws aren’t perfect, they provide legal recourse for drunk driving accident victims to seek justice for the harm they’ve suffered.
What Evidence Can Be Used to Prove That a Business Violated the Dram Shop Law?
Proving that bars, restaurants, liquor stores, and other alcohol vendors are liable requires compelling evidence that they knew or should have known the drunk driver was under 21 or already intoxicated and served them anyway. Some common types of proof in these cases include:
- Video surveillance footage — Footage from the business or nearby locations may show that a customer was stumbling, slurring, or showing other signs of intoxication. In cases involving drivers under 21, footage of the server not checking the minor’s ID can demonstrate the business’s negligence.
- The customer’s receipts — A lot of drink orders in a close period can indicate a driver should have been cut off before they got so inebriated.
- Employee testimony — Bartenders or other staff can testify about the driver’s behavior while at the business and whether the driver appeared intoxicated.
- Eyewitness accounts — Testimony from other customers at the business can support other evidence from staff or surveillance footage indicating that the driver was over-served.
- An underage driver’s fake ID — If a driver under 21 used a fake ID to enter a business, examining the ID can reveal whether staff should have noticed it was fraudulent.
- Police report — If the driver was suspected of drunk driving, the responding police officer likely performed a breathalyzer test on them and recorded the results. The report can establish that the driver was well over the legal limit, which the business should have realized.
It’s crucial to hire a skilled and experienced attorney to help you build a strong Dram Shop claim establishing the business’s liability for your drunk driving accident losses.
What Is a Social Host?
A social host is someone without a liquor license who serves alcohol at a private location. For example, someone who hosts a party at their home and serves alcoholic drinks is a social host.
Can a Social Host Be Held Responsible If an Intoxicated Guest Causes an Accident?
The DC Dram Shop law does not address civil liability for social hosts. However, a separate DC law says it’s a crime for social hosts to serve alcohol to minors.
How Long Do You Have to File a Dram Shop Lawsuit?
Under DC’s Dram Shop law, drunk driving victims must file a lawsuit against a negligent business within two years of when they served the driver. This is less time than victims have to file a drunk driving accident lawsuit against the at-fault driver, which is three years.
While two years may seem like plenty of time, the evidence you need to prove your case will likely be gone quickly. Surveillance footage gets wiped, witnesses forget what they saw, and physical proof like receipts can be lost. The sooner you contact a Washington DC drunk driving accident attorney, the sooner they can start investigating the collision and securing evidence.
Contact a Washington DC Car Accident Lawyer
Marks & Harrison has over 100 years of experience representing injured people in the Washington DC area. In that time, we have established a proven track record of securing meaningful results for our deserving clients, including $1 million for the family of a young woman killed by a drunk driver. We have positive testimonials to back it up, calling our lawyers “knowledgeable, professional yet compassionate.” With 30 attorneys on staff and over 100 support personnel, we have the resources to handle the toughest drunk driving accident cases. Call now or complete our contact form for a free consultation.
