If you were injured in an alcohol-related incident or you lost a loved one in such an incident, you may wonder whether you can recover damages from the business that furnished alcohol to the person who caused the injuries. In Missouri, you can, but these claims are governed by the dram shop law and have specific requirements. If you can establish that an alcohol seller was legally responsible, you may be able to seek compensation for losses resulting from your injuries or your loved one’s death.
When Can You Bring a Dram Shop Claim in Missouri?
Missouri’s law generally does not hold alcohol sellers responsible simply because they served someone who proceeded to cause an injury. Under Missouri Law, a claim may arise when evidence shows that a licensed seller chose to serve alcohol to someone who was visibly intoxicated or was aware that alcohol was served to a minor.
Under Missouri law, visible intoxication refers to impairment shown through clearly uncoordinated movements or other significant physical limitations. In other words, a person’s BAC level isn’t enough to prove visible intoxication, though it can still be useful evidence.
What Damages May Be Available?
If you establish a valid claim, compensation may address the losses caused by the resulting injury. Depending on the circumstances and evidence, damages in these cases may include:
- Medical expenses: These can include reasonable costs associated with emergency treatment, hospitalization, medical care, rehabilitation, medication, and other treatment related to the injury.
- Lost income: If you cannot work, you can pursue compensation for income lost because of the incident. In qualifying cases, damages may also account for an injury’s effect on a person’s long-term ability to earn.
- Pain and suffering: Your case may also involve damages for physical pain and the effects of an injury on everyday life. The amount depends on the specific circumstances and evidence.
- Property damage: Suppose the alcohol-related accident damaged your vehicle or other property. Those losses may also be considered.
- Wrongful death damages: When an alcohol-related incident results in death, eligible surviving family members may have a claim. Recoverable damages in these cases include funeral costs and loss of support.
Under the state’s Revised Statutes Section 510.261, you may also be eligible to recover punitive damages if you prove the establishment acted with a deliberate and flagrant disregard for safety.
Why Evidence Is Helpful in a Dram Shop Case
Missouri’s clear-and-convincing-evidence requirement requires that you take your case seriously. Evidence is vital if you want to succeed.
Helpful evidence may include;
- Witness statements
- Surveillance footage
- Receipts
- Employee testimony
- Video footage
- Police reports
Because these cases depend on strong evidence and specific legal requirements, determining whether an alcohol seller may be liable can be complicated. Which is why you should consider working with an experienced attorney. A lawyer can assess the evidence, identify potential liable parties and damages, and protect your right to seek compensation.
Contact Us for Legal Help
If you or a loved one was involved in an alcohol-related crash, a skilled lawyer at Griggs Injury Law can review the facts of your case, identify potentially responsible parties, and explain your options. Contact us today to schedule a consultation and discuss your case.
