When California Allows a Claim Based on a Bar Over-Serving an Individual
Nearly all 50 states have some form of a Dram Shop Law or laws that impose liability on a bar for serving an obviously intoxicated individual who then injures or kills another person. California has severely limited liability in these cases in what is referred to by some as “anti-dram” laws.
Despite the limits under California law, there are some situations where a bar or liquor store may be held liable. If you are injured by an intoxicated individual, it is imperative that you consult with a knowledgeable personal injury attorney who will conduct a thorough investigation of your case and determine how to get the maximum recovery available.
Attorney Paul Overett is an experienced Long Beach Dram Shop Liability Attorney who will fight hard to get you the compensation you need. Contact the Overett Group today for a free consultation at (562) 986-9864.
California’s “Anti-Dram Shop” Laws
Business and Professions Code 25602 (a) imposes criminal liability against a person who sells or gives an alcoholic beverage to a habitual drunkard or an obviously intoxicated person. The law, however, eliminates civil liability in subsection (b), stating that no person who sells or furnishes an alcoholic beverage can be held civilly liable for injuries or death that results from the intoxicated individual.
California does, however, allow for a cause of action to be brought against a person who sells, furnishes, or otherwise gives an obviously intoxicated minor an alcoholic beverage, and it results in the minor causing injury or death to a person. A minor, under Business and Professions Code 25602.1, is considered someone under the age of 21.
Long Beach Drunk Driving Tragedy
Late last year, a Long Beach liquor store clerk was arrested “on suspicion of furnishing alcohol to an underage buyer, resulting in great bodily harm.” As reported by the Long Beach Press-Telegram, a clerk employed at the Green Diamond Liquor Store allegedly sold 20-year-old Carlo Navarro alcohol prior to his involvement in a horrific accident that took the lives of a mother, father and their young child on Halloween night. Navarro was arrested on suspicion of driving under the influence and was later charged with murder and gross vehicular manslaughter.
During their investigation, law enforcement worked with the California Department of Alcoholic Beverage Control to conduct a “Targeted Responsibility for Alcohol Connected Emergencies” or TRACE to determining where Navarro had obtained the alcohol before the tragic accident.
What to do if an intoxicated person in Long Beach injures you
If you are injured as a result of a drunk driver or another intoxicated person, you need to act fast. You should never have to pay for someone else’s mistake or wrongdoing. The experienced injury lawyers at the Overett Group know how to maximize compensation, holding all responsible parties accountable for their misconduct. It is essential to conduct a thorough investigation in all cases to determine who was at fault.
You should never accept a settlement without first discussing your case with a lawyer. Contact the Overett Group today at (562) 986-9864 to discuss your case and receive a free consultation.