When a drunk driver causes a serious crash, most people assume the driver alone is to blame. But in Missouri, it’s not always that simple. The law states that a bar, restaurant, or nightclub that serves alcohol can also be held liable. These are called dram shop cases and are covered by Missouri Revised Statutes § 537.053.
However, winning a dram shop claim is not easy. Missouri sets the bar high. You have to do more than show the driver was drunk. You need to prove that the establishment knowingly served alcohol to a visibly intoxicated person (or to someone under 21), and that this service directly caused your injuries. To do that, you need specific, credible evidence.
How Do You Prove Visible Intoxication?
First, you need to show that the driver was obviously drunk at the time they were served. Missouri law defines “visibly intoxicated” as someone who is so impaired that it is pretty obvious. Stumbling, slurred speech, or someone who is not in control of their body is considered visibly drunk.
Strong evidence for this includes things like:
- Surveillance video from inside the establishment shows the patron stumbling, swaying, slurring, or even passing out.
- Witness statements from staff or other people who noticed the patron’s drunken state.
- Police notes made right after the person left, like reports of bloodshot eyes, unsteady steps, or the smell of alcohol.
Importantly, a person’s blood alcohol content (BAC) alone does not automatically prove visible intoxication, though it can be used as supporting evidence.
How Do You Show the Bar Knew the Patron Was Drunk?
You also have to prove the bar actually knew the person was intoxicated, and that’s often the toughest part. Evidence here could be:
- Internal reports where employees wrote down that someone was causing trouble or acting obviously drunk.
- Proof that the staff had proper training, so they should have been able to spot the signs.
- Receipts or tabs with timestamps showing what was served and when it was served.
- Witnesses who heard staff talk about the patron’s condition, but kept serving anyway.
Establishing Causation
Even with the above, you still have to link the illegal service to your injuries. This usually requires:
- Toxicology experts who can estimate how much the person drank and tie it back to that business.
- A clear timeline showing the patron left the bar and quickly caused the crash, without time to drink anywhere else.
- Cell phone or GPS data proving the person left the bar and headed straight to the accident scene.
Common Arguments From Establishments and Their Insurers
Businesses usually fight these claims hard. They might argue the patron did not look drunk, or they might say the person drank more after leaving. Sometimes they will point to a delay between service and the crash, claiming something else led to the alcohol level. Understanding these strategies can allow you to prepare the right evidence.
Time is Not on Your Side
Evidence in dram shop cases disappears fast. Video footage is often erased after a short while, witnesses can forget what happened, and tabs and receipts may end up in the trash. If you wait, you might lose your chance to prove your case.
Contact Us for Legal Help
If you have been hurt by a drunk driver in Missouri, contact a skilled attorney at Griggs Injury Law right away. Our attorneys can help you track down the necessary evidence and hold both the driver and the business that served them responsible.
