Representing Injury Victims of People Who Were Over-Served Alcohol
Dram Shop Laws refer to the liability that some states have imposed on restaurants, bars, and liquor stores for knowingly serving alcohol to an individual who is obviously intoxicated. When that intoxicated person injures someone else, many states allow the injured party to bring a claim against the establishment that over-served alcohol to the negligent person. This area of law is also sometimes called “social host liability” or “dram shop rule.”
California’s dram shop law is minimal, which makes it essential that you consult an attorney if an intoxicated individual injures you. A knowledgeable dram shop law attorney can assist you in determining how to get the maximum recovery available in your case.
California Dram Shop Liability
“Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard, or to any obviously intoxicated person is guilty of a misdemeanor.”
This statute provides criminal liability for anyone that sells or gives alcohol to an obviously intoxicated person. The state, however, limited civil liability under subsection (b) stating that the person is not civilly liable to “any injured person or the estate of such person for injuries inflicted on that person as a result of intoxication by the consumer of such alcoholic beverage.”
Don’t go without the proper compensation you deserve for your injuries! Call our Long Beach dram shop lawyer today for reliable counsel during this time.
California law does, however, allow for a person to bring a cause of action under Business and Professions Code Section 25602.1 if the person served is a minor. A claim may be brought against a person who:
“sells, furnishes, gives, or causes to be sold, furnished or given away any alcoholic beverage… to any obviously intoxicated minor where the furnishing, sale or giving of that beverage to the minor is the proximate cause of the personal injury or death sustained by that person.”
California Social Host Laws
Related to dram shop laws, some states have imposed liability against social hosts that knowingly serve an obviously intoxicated person if that person then causes injury or death to another person. California has limited civil liability against social hosts noting under Civil Code Section 1714 (c):
“Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.”
However, as with California’s Dram Shop Laws, there is an exception when alcohol is provided to a person that an adult social host knows is under the age of 21 and the “furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.”
Hire a Long Beach Dram Shop Attorney
If you are injured as the result of someone else’s intoxication, such as in a drunk driving accident, you deserve compensation. California’s Dram Shop and Social Host laws are limited, but there are exceptions. Without the help of an experienced personal injury lawyer, you may not get the maximum recovery available in your case. Many times, multiple parties may be liable.
Establishing liability can be complicated and may require complex litigation. You need an attorney with the results and reputation you can count on. Contact the Overett Group today to speak directly to a Long Beach Dram Shop Lawyer that can help you understand your rights and discuss your legal options. You should not have to settle for less than your case is worth.
Contact our office at (562) 986-9864. All cases are handled on a contingency fee basis, meaning you never pay any fees until we win!