In the United States, establishments that serve alcohol have a responsibility to identify individuals who are either clearly intoxicated or who are not of legal drinking age. It is illegal to serve individuals who fit either of these descriptions.
Should an establishment serve alcohol to an underage patron or to an intoxicated individual, it becomes liable for any injuries that those individuals cause while they are under the influence of alcohol. This law is known as dram shop liability.
Dram shop liability is part of the government's attempt to cut down on alcohol related accidents. These laws vary from state to state; in some states, the individuals who are served alcohol may be able to sue the establishments that served them if they suffer any injuries that are related to the alcohol consumption.
In other locations, however, this is prohibited, and only victims of alcohol related accidents may sue establishments that served alcohol to the individuals who caused the accidents. There are some exceptions to the rule, though. The children of intoxicated individuals who pass away from an alcohol related accident may be entitled to financial compensation for loss of parental consortium.
Determining whether dram shop liability factors into a drunk driving death may be a difficult process. There must be proof that the individual who caused the accident was served alcohol even after he or she was visibly intoxicated. In many cases, individuals who make this claim will need to provide witnesses who can attest to this actually happening.
Though losing a loved one is never easy, legal action may be the first step to recovering from a loss. Responsible parties should be held accountable for their actions.
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