Can I Sue a Bar for Over Serving Me in California?
Someone else's night out drinking can turn into your nightmare. If you or your loved one suffered injuries as a result of a drunk driving accident caused by an impaired driver who was served alcohol at a bar or restaurant, you want to know if the establishment that served the alcohol can be found financially or criminally liable. Unlike most other states, California's Dram Shop law limits the liability of alcohol suppliers like bar owners and bartenders that serve alcohol, but there can be exceptions.
Johnson Attorneys Group will take the time to review your case to determine whether or not you have legal grounds to sue a bar after an alcohol-related accident. We will ensure that you get adequate care from the best doctors and specialists during recovery, and that you receive full compensation including any bills accrued as a result of the DUI accident. We will not charge any fees unless we win or settle your case. Call us today for a free case review 800-208-3538.
The Dram Shop Laws in California
Across the US thirty states have adopted statutory provisions that will allow licensed restaurants, bars, and liquor stores to be held liable for serving or selling alcohol to individuals who then cause damage, injury or fatalities as a result of their intoxication. California Dram Shop laws provide judicial interpretation finding the proximate cause of injuries inflicted upon another by an intoxicated individual is as a result of the consumption of alcohol and not the serving of alcoholic beverages. However, there are these exceptions:
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Serving alcohol to a "habitual or common drunkard."
Prosecuted as a misdemeanor, a case filed against social hosts or alcohol vendors who serve or furnish alcohol to someone they know is a habitual alcohol user or is obviously already drunk can result in fines, jail time, probation and other penalties assessed by the court.
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Serving or furnishing alcohol to a minor
A cause of action may be brought on by or on behalf of an individual who has suffered injury or death against any establishment licensed to sell alcohol and any other person who serves or furnishes alcoholic beverages to a minor. The restaurant, bar or host can be held criminally liable under Cal. Business and Professional Code §25602.
Your Rights in California for Alcohol-Influenced Auto Accidents
While the establishment that served alcoholic beverages that may have contributed to the DUI may or may not be held criminally liable, the intoxicated individual who caused the accident can be held accountable to pay for any damage they caused. Other compensation for losses that are a direct result of the accident may also be awarded in court including punitive costs incurred by the negligent DUI driver as punishment. Individuals can be compensated for expenses such as:
• Lost Earnings
• Medical Related Expenses
• Physical and Emotional Therapy
• Loss of Consortium
• Destruction of Property
• Loss of Monetary Support
• Funeral Expenses
California Law Concerning DUI Negligence
DUI laws in California can be very complicated. Impaired drivers who cause accidents in the state of California are considered negligent and will be held accountable for damages. The personal injury lawyers at Johnson Attorneys Group advocate on your behalf with the insurance companies to ensure that you get the compensation you are entitled to for the pain and suffering sustained due to someone's carelessness.
Life-Saving Legislation
As of August 2016, there were over 17,500 interlock ignition devices installed in California vehicles. Effective January 1, 2019, interlocks will be required for ALL repeat DUI offenders. The ignition interlock devices will be offered as an incentive to first-time DUI offenders. An ignition interlock device is a built-in breath test connected to the vehicle's ignition to prevent a driver who blows over a pre-set limit from starting the vehicle. This proven technology keeps drunk drivers off the road.
Contact an Experienced California DUI Injury Attorney
If you are dealing with injuries resulting from a DUI accident, it is vital to contact an experienced, injury attorney to deal with insurance companies, law enforcement, and other parties of interest so you can begin the process of moving forward and healing. Johnson Attorneys Group offers a complimentary case evaluation, and we will not charge you legal fees unless we win or successfully settle your case. Call us today at 1-800-208-3538.
