Losing someone you love because of an alcohol-related incident is heartbreaking. You may start wondering if the bar, restaurant, or other establishment that served alcohol to the person responsible can be held accountable. Missouri law allows certain wrongful death claims involving alcohol service, but these cases are subject to specific legal requirements.
Understanding how Missouri dram shop laws work can help families determine whether they may have grounds to pursue compensation after a fatal accident.
What is a Dram Shop Claim?
A dram shop claim is basically a lawsuit against a business that sold or served alcohol and played a part in someone getting hurt or killed by an intoxicated person. These claims usually arise after drunk driving crashes or violent incidents where someone was served too much alcohol.
Missouri’s dram shop laws are more limited than those of some other states. It is not enough if an establishment simply serves alcohol to someone who later causes harm. Families have to prove the alcohol vendor broke certain legal duties, such as serving someone who was clearly drunk or giving alcohol to a minor.
When Can a Wrongful Death Claim Be Filed?
Missouri lets surviving family members file a wrongful death claim if someone’s negligence or wrongful actions caused the death. In dram shop cases, this applies if a licensed vendor knowingly serves alcohol to an obviously intoxicated person or to a minor, and that act leads to a fatal incident.
So, if, for example, a bar keeps serving drinks to someone who is visibly drunk, and that person later causes a deadly car accident, the bar might be held responsible. But because each case is unique, it usually depends on the details and evidence in each case.
Who Can File a Missouri Wrongful Death Claim?
Missouri has a priority system for these claims. Usually, the spouse, children, parents, or certain other family members of the person who died can bring the case. If none of them qualify, the court can appoint a plaintiff ad litem to pursue the claim for those entitled to damages.
Because eligibility can affect the outcome of a claim, families should understand who has the legal authority to file before taking action.
What Damages are Available?
A successful wrongful death claim may allow surviving family members to recover compensation for both financial and non-financial losses.
Potential damage may include:
- Funeral and burial expenses
- Medical bills for the final injury
- Lost income and financial support
- Loss of companionship, guidance, and services
- Pre-death pain and suffering of the deceased
The actual amount you can recover depends on the circumstances and how the loss impacted your family.
Why Evidence is Crucial
Wrongful death claims involving alcohol service require strong evidence. Families must show that the establishment unlawfully served alcohol and that the service contributed to the fatal event.
Useful evidence includes witness testimony, surveillance video, receipts, police reports, toxicology results, and testimony about the person’s intoxication level. Acting quickly can help ensure evidence is not lost.
Contact Us for Legal Help
If your family has lost a loved one in an alcohol-related incident and you think an establishment played a part, our skilled attorneys at Griggs Injury Law are here to help. We will review your case, explain your legal options, investigate what happened, and pursue the compensation and justice your family deserves. Contact us today for a consultation.
