Drunk driving crashes are devastating. If a drunk driver has injured you or a loved one, you may be searching for answers and real accountability.
In cases where an establishment licensed to serve alcohol over-serves an intoxicated person who causes a car accident, the establishment may be held liable for any injuries and damages. California’s dram shop rule allows victims to pursue claims against negligent alcohol vendors in specific circumstances.
Identifying all potentially liable parties is critical to securing the maximum compensation available for your injuries, lost income, and other damages. A skilled car accident attorney can review the facts of your case to determine whether a negligent alcohol vendor contributed to the crash.
Contact Valero Law Group for a complimentary consultation with a Woodland Hills dram shop lawyer.
What Are Dram Shop Laws?
Dram shop laws (also known as social host liability) address when a licensed alcohol vendor may be found responsible for an intoxicated driver who causes a car accident.
California’s approach to dram shop liability is narrower than most states. California Civil Code §1714 generally shields a business that serves alcohol to an adult who later causes a crash from responsibility for any resulting injuries.
In other words, the act of drinking, not serving, is considered the legal cause of an alcohol-related crash. A Woodland Hills dram shop attorney can provide more detailed explanations.
Exceptions to Dram Shop Laws
There are key exceptions to California’s dram shop rule. Early case law made clear that liability requires an affirmative act of serving alcohol, not simply failing to stop someone from drinking.
The courts later spelled out two clear exceptions:
- Serving Minors: The California Supreme Court has applied the law only in narrow exceptions under California Business and Professions Code § 25602.1, which allows civil claims when a licensed establishment knowingly serves an intoxicated minor. In other words, if a business provides alcohol to someone they know is under 21, and that minor causes an accident, the establishment may face liability for the damages.
- Over-Serving: While rare, extreme or reckless service in instances where an intoxicated person is dangerously over-served may result in dram shop liability.
A dram shop claim is highly dependent on facts and requires a skilled investigation, including gathering receipts that demonstrate serving the driver, reviewing surveillance footage, and interviewing witnesses. An attorney who is experienced in dram laws in Woodland Hills can handle this investigation and determine whether the accident falls under one of the above narrow exceptions.
Liability for Drunk Driving Accidents if Dram Shop Laws Do Not Apply
Even if a dram shop claim is not available, victims of drunk driving accidents may still have legal options. They may still be able to pursue compensation from the drunk driver’s insurance, other liable parties, or by filing a personal injury lawsuit. Depending on the circumstances of the crash, the degree of injury, and the apportionment of fault, recovery may include:
- Costs for medical care or vehicle repair/replacement
- Lost wages and future earning potential
- Physical pain and emotional suffering
- Wrongful death damages for grieving families
A skilled car accident attorney can analyze the circumstances of a case in Woodland Hills, identify all potential sources of liability, and help an injured person hold a drunk driver accountable, even if dram shop liability does not apply. Pursuing every potential claim with the help of a legal professional sends a clear message: negligent alcohol use—whether on the road or behind the bar—has consequences.
Contact an Experienced Dram Shop Attorney in Woodland Hills Today
If a drunk driver has upended your life, a personal injury lawyer may be able to help you. Do not wait. Evidence disappears quickly, and California law imposes strict deadlines for filing injury claims.
A knowledgeable attorney can investigate your case, determine if dram shop liability applies, and manage the legal process while you focus on your recovery. The firm’s attorneys can meet you anywhere, are always available for urgent calls, and only collect fees if they win your case.
Call to speak with a Woodland Hills dram shop lawyer and start your free consultation today.