A drunk driving accident can turn your life upside down. You may be dealing with painful injuries, medical expenses, missed work, and other losses. You may also wonder whether the person who caused the accident is the only one you can hold responsible.
In some cases, Missouri law may allow injured victims to bring a dram shop claim against a business that served alcohol to an intoxicated person. However, Missouri law sets strict requirements for these claims. Asking the following five questions can help you understand whether you may have a claim.
1. Did a Bar, Restaurant, or Other Licensed Business Serve the Alcohol?
Start by looking at where the person got the alcohol. The state’s dram shop law can apply to businesses licensed to sell alcoholic drinks for intake on their premises.
However, simply showing that a person bought alcohol at an establishment and later caused an accident is generally not enough. Missouri law limits when an alcohol-serving business can be held liable for injuries.
2. Was the Person Obviously Drunk When They Were Served?
This is one of the most important questions to ask. Generally, you must show that the business sold alcohol to someone who was visibly drunk. In other words, the person must have shown clear signs of serious impairment while being served.
For example, the person may have had major problems walking, moving normally, or coordinating their physical movements. Missouri law focuses on noticeable physical signs of intoxication.
A person’s blood alcohol level by itself does not prove that they were visibly intoxicated when the business served them.
3. Did the Business Intentionally Serve the Intoxicated Person?
Missouri law requires evidence that the business knowingly served alcohol to someone who was clearly drunk. Evidence may include statements from people who saw what happened, security camera footage, receipts, or employee testimony.
4. Did the Alcohol Service Lead to Your Injury?
You must also be able to connect the alcohol service to your injury. For example, suppose a person is visibly drunk at a bar, the bar knowingly continues serving them, and that person later drives away and causes a crash. If you are injured in that crash, you may have a dram shop claim.
The facts of each case matter, including what happened at the business, how intoxicated the person appeared, and what happened after they left.
5. Are You Within the Time Limit to File a Claim?
Timing matters in these cases. For a personal injury claim, Missouri generally gives you five years to file under RSMo § 516.120. If the alcohol-related incident resulted in death, a wrongful death claim generally must be filed within three years under RSMo § 537.100. Missing the deadline may bar recovery.
Talk to a Missouri Dram Shop Lawyer
Missouri dram shop claims can be challenging because the law requires specific facts and strong evidence. If you were injured in an accident involving someone who was intoxicated, an attorney can review what happened and determine whether the business that served alcohol may also be responsible.
Contact Us for Legal Help
If you were injured by an intoxicated person, our skilled attorneys at Griggs Injury Law can review your case, identify potentially responsible parties, and explain your legal options. Contact us today to discuss your case.
