Pennsylvania has strict and clear laws about the requirements of being a liquor license holder. Any liquor license holder such as a restaurant or a bar is strictly forbidden from serving patrons who are visibly intoxicated or minors under the age of 21. If damages or injuries occur as a result of violating this law, the liquor license holder can be sued in a personal injury suit.
If you believe that you have been injured as a result of an incident where an intoxicated person should not have been served, it’s imperative to set up a meeting with a Philadelphia drunk driving accident attorney immediately. In addition to the fact that you have a limited time period in which to file a claim, you also want to discuss the mechanics of complex injury cases where more than one person or entity could be held accountable for your injuries. Car accidents in Philadelphia involving numerous liable parties require the expertise of an attorney with a background in complicated cases like this.
Basics of the Dram Shop Law
In order to demonstrate that the liquor license holder should be held responsible in a court of law, legal claims have to include the following elements:
- The lawsuit must have been filed by an individual hurt in a fight started by a person who was served alcohol while he or she was already visibly intoxicated.
- A lawsuit by the drunk individual himself or herself who is injured after being served while being visibly intoxicated or as a minor. For example, an individual who is hit as a pedestrian falls down and gets hurt or runs his or her car off the road may have a legal claim.
- A lawsuit filed by someone who was hurt in an automobile accident caused by a driver who was served while already intoxicated or as a minor.
One of the most important elements of a lawsuit like this is the term ‘visibly intoxicated’. While demonstrating that a person served under aged 21 was an illegal service, it can be more difficult to illustrate an individual’s visibly intoxicated state. The individual filing the lawsuit is responsible for presenting evidence that supports this argument. Some of the indications that an individual was visibly intoxicated while still being served include: falling down, obnoxious behavior, slurred speech, blood shot eyes and other obnoxious behavior.
Eyewitness testimony may be critically important in a case like this. If you believe that you may have grounds for a dram shop liability case as a result of a fight or a car accident that occurred after a restaurant or bar served an individual under the age of 21 or a person who is visibly intoxicated, you need the experience of a Delaware county dram shop liability attorney. There are many complex aspects of cases like this and it should only be handled by a knowledgeable and experienced individual.
Attorney Richard Washington represents people injured or killed in Auto Accidents, Slip, Trip and Fall Down Accidents, Medical Malpractice, Wrongful Death, Workers Compensation, Social Security Disability and Long Term Disability Claims in Pennsylvania, New Jersey, New York, D.C. and Minnesota, including Philadelphia County, Montgomery County, Chester County, Berks County, Dauphin County, and Lehigh County. The law firm also represents clients regarding Estates, Wills and Probate. Attorney Richard Washington represents individuals charged with crimes including DUI, disorderly conduct, public drunkenness, underage drinking, assault, and possession of drugs in Pennsylvania, New Jersey, New York, D.C. and Minnesota, including Philadelphia County, Montgomery County, Chester County, Berks County, Dauphin County, and Lehigh County.
Washington & Washington is a firm with trial lawyers with over 25 years of experience fighting for justice. The firm provides the highest standard of legal and ethical representation and access to the justice system for those arrested and in need of criminal defense, estate administration and when a loved one has been injured or has passed away by the actions of others. The firm makes sure people and their families have a fair chance to receive justice through the legal system – even when it means taking on the most powerful. We provide free consultations, home and hospital visits and night and weekend appointments. If we can be of service to you or anyone you know in any way, please do not hesitate to contact us 24 hours a day, 7 days a week toll free at (800) 988-0158.