If you or a loved one has been seriously injured in an accident caused by a drunk driver, it’s essential to understand your legal options. At Joseph Law Group, LLC, our dedicated team is here to help you hold all responsible parties accountable, including establishments that serve alcohol to intoxicated individuals. Under Ohio’s Dram Shop Law, bars, restaurants, and other establishments in Youngstown, OH can be held liable if they overserve a visibly intoxicated patron who then causes an accident. Working with our experienced Youngstown, OH serious injury lawyer is crucial for navigating these complex claims and securing the compensation you deserve.
When someone frequents a bar and ends up driving while intoxicated, that person is responsible for any injury or harm caused by their drunk driving. However, there are instances where the individual may not be the only one accountable if an accident occurs. While the driver bears a significant portion of the liability, the bar, or establishment, that served alcoholic drinks could also be held responsible. These claims against the bar or establishment are called “Dram Shop” claims.
Ohio’s Dram Shop Law states that a liquor license holder is liable if they “knowingly sold an intoxicating beverage” to someone who is already intoxicated, and that person’s intoxication “proximately caused the personal injury, death, or property damage to a third party.” This raises the question: What is considered a valid Dram Shop claim? Dram shops refer not only to bars but also to any institution that sells liquor, such as restaurants, grocery stores, liquor stores, and gas stations. Additionally, individuals or entities that host parties or social gatherings without a liquor license can also be held liable if a drunk driving accident occurs. This liability differs from dram shop law, which applies only to licensed establishments.
Recent studies from the Centers for Disease Control and Prevention (CDC) indicate that intoxicated driving rates in Ohio are higher than the national average. According to the Ohio State Highway Patrol (OSHP), there were 39,951 OVI-related crashes on Ohio roadways from 2019 to 2021. These alarming statistics underscore the need for individuals and families to be aware of their options for recovering compensation for damage caused by drunk drivers. Drunk driving poses significant risks not only to the intoxicated driver but also to all other motorists and individuals on the road.
Individuals who engage in driving under the influence face an elevated risk of causing accidents and may be subjected to lawsuits holding them liable for such incidents. Dram shop law plays a crucial role in the liability process if the driver exhibited signs of intoxication while at the bar but was still served additional alcohol. Bartenders and other employees of these establishments should be trained to recognize the signs of patron intoxication and must take steps to prevent intoxicated individuals from getting behind the wheel.
While the driver is typically the most liable party in these accidents, liability can be shared with the institution that served them alcohol in certain situations. This shared liability is known as comparative negligence, meaning that a percentage of fault is assigned to each involved party. Under comparative negligence, no party may recover compensation for damages if they are found to be 50% or more at fault.
Dram Shop claims can be very difficult and are legally challenging. A plaintiff bringing such a claim has the burden of proof and collecting, gathering and preserving sufficient evidence to support a claim is critical. If you or a family member were seriously injured or killed because of a drunk driver, our experienced personal injury attorney should be consulted as soon as possible so that this type of claim can be investigated.
Proving liability in a Dram Shop claim can be challenging, requiring thorough investigation and substantial evidence. That’s why it’s essential to work with a trusted legal team that understands the intricacies of Ohio’s laws. Joseph Law Group, LLC is committed to providing compassionate and aggressive representation for victims of drunk driving accidents in Youngstown, OH. If you or a family member has been seriously injured due to someone else’s negligence, don’t face this battle alone. Contact our knowledgeable Youngstown, OH serious injury lawyer at our firm today to explore your legal options and pursue the justice you deserve.