Most people know that drunk drivers can be held responsible if they cause harm. But sometimes, the bar or restaurant that served them alcohol can be held liable, too. That is where dram shop laws come in. These rules can hold alcohol vendors accountable for injuries caused by intoxicated patrons.
If you have been hurt in an alcohol-related accident in Kansas or Missouri, knowing how dram shop laws work can make a huge difference when determining your compensation options.
What is Dram Shop Liability?
The term “dram shop” dates back a long time. It comes from an old unit of measure for alcoholic beverages, known as the “dram.” Today, dram shop rules state that if a bar or restaurant breaks the law by serving alcohol to the wrong people, and that leads to someone getting hurt, the establishment could be held legally responsible.
The idea is quite straightforward: businesses that sell alcohol need to serve patrons responsibly. If they don’t, and someone is injured as a result, the bar or restaurant may share blame for those losses.
These cases usually arise after serious car accidents, but they may also cover assaults, falls, and other incidents caused by intoxicated individuals.
A vital thing to note is that not every drunk-driving accident leads to a dram shop case. Each state has different requirements.
Dram Shop Laws in Missouri
Under Missouri law, you can file a dram shop claim if an establishment knowingly served alcohol to someone under 21 or to a visibly intoxicated person. Visible intoxication may include stumbling, slurred speech, aggressive behavior, or bloodshot eyes.
To win a dram shop claim, you usually have to show that:
- The bar or restaurant served alcohol illegally
- The recipient became or stayed intoxicated because of that
- The intoxicated person caused an accident or injury
- And, the illegal alcohol service contributed to your damages.
These cases can be tricky, often requiring a thorough review of all the facts.
Dram Shop Laws in Kansas
Kansas does not have dram shop liability laws. It is one of only a few states in the U.S. that completely shields bars and restaurants from civil liability if they over-serve a patron who later causes an accident or injury.
What Evidence Can Help Prove Your Case?
Strong dram shop claims rely on solid evidence about what happened before the injury. Here is what can help:
- Surveillance video from the establishment
- Receipts for alcohol purchases
- Witness statements from staff or patrons
- Police reports
- Toxicology results
A lot of this evidence can disappear quickly, so acting fast is crucial for preserving your claim.
The Importance of Dram Shop Claims
Alcohol-related accidents can leave victims dealing with significant medical bills, lost wages, and lasting pain, as well as long-term disabilities. If a bar or restaurant played a role by breaking the rules on alcohol service, holding them responsible can help you recover the compensation you need to move forward.
An experienced personal injury attorney can review what happened, identify who should be held accountable, and determine whether a dram shop claim is possible under the law.
Contact Us for Legal Help
If you have been hurt in an accident caused by an intoxicated driver, contact our experienced attorneys at Griggs Injury Law. We can help you understand your legal options and whether a dram shop claim could help you recover compensation for your losses.
