What is an Example of a Dram Shop Liability?

Imagine driving home from a fun evening—perhaps a family gathering—when a driver under the influence collides with your car. Obviously, the intoxicated driver bears some responsibility, but, under Rhode Island’s dram shop laws, so too might the establishment that served them alcohol.

Dram shop laws are designed to hold bars, restaurants, entertainment venues, and other alcohol-serving establishments accountable for overserving patrons who then harm others. This ensures that those responsible for the injury are held accountable and provides victims with additional damage compensation.

How Many Drunk Driving Accidents Each Year?

Drunk driving is an epidemic in this country and throughout the state of Rhode Island. Every single year, more than 10,000 people are killed in drunk driving accidents. Countless more suffer serious and debilitating injuries.

According to the National Highway Traffic Safety Administration (NHTSA), around 32% of fatal traffic accidents nationally involve an intoxicated driver. In Rhode Island, that percentage jumps to a shocking 43.7%, making it a factor in nearly half of all fatal traffic accidents in our state. When you are injured or a loved one is killed by a drunk driver, talking to one of our experienced lawyers as quickly as possible can help you understand your rights and options, and give you the guidance you need to move your case forward.

Our Providence Dram Shop Liability Lawyers Are Here to Help

Call Mandell, Boisclair & Mandell at 401-273-8330 today to schedule a FREE case review with one of our Rhode Island dram shop liability lawyers. We welcome clients from Providence, North Providence, and throughout the state.

What are Dram Shop Laws?

Dram shop laws hold bars, nightclubs, restaurants, and other businesses liable for selling alcohol to customers who then cause injury to others.

When an establishment, such as a tavern, bar, nightclub, or restaurant, sells liquor to its customers and guests, it is held to a high standard. R.I. Gen. Laws § 3-14, also known as Rhode Island’s Liquor Liability Act, is intended to prevent intoxication-related injuries and deaths while promoting safe and responsible liquor practices.

Under Rhode Island’s dram shop liability laws, injured drunk driving accident victims may be able to seek compensation from negligent establishments and employees who:

• Serve alcohol to a minor
• Serve alcohol to a visibly intoxicated individual
• Actively encouraged already intoxicated individuals to consume more liquor
• Serve enough alcohol to create a substantial risk of death
• Allow an intoxicated patron to leave the bar or establishment

Of course, it’s unlikely that an alcohol-serving establishment would readily admit to violating Rhode Island’s dram shop laws. This makes the assistance of a dram shop liability lawyer all the more important. Your lawyer will investigate your accident to identify all possible causes and hold each party that played a role in your injury to full account.

A Note on Social Host Liability

Beyond bars and restaurants, social host liability can also come into play when alcohol is served at a private gathering. In Rhode Island, social hosts can be held responsible if they provide alcohol to a minor.

No matter if your injury was caused by the patron of a bar or an attendee at a private party, you may be entitled to seek compensation well beyond the initial offering of insurance. Talking to an experienced and dedicated drunk driving victim attorney can help you determine how best to proceed.

An Example of Dram Shop Liability

There is a visibly intoxicated person at a bar. Despite being obviously drunk, they have been continuously served more alcohol. Upon leaving, they drive away, cause an accident, and seriously injure the driver of the other car.

Under Rhode Island’s Dram Shop Act, the injured victim could pursue a claim against the driver, the bar, and its employees who overserved them.

In this case:

• The individual showed clear signs of intoxication
• The bar continued to serve despite these signs
• The resulting harm was reasonably foreseeable

When seeking compensation for medical expenses, lost wages, pain and suffering, and related issues, holding all liable parties accountable can help to improve your settlement or verdict. At Mandell, Boisclair & Mandell, our Providence dram shop liability lawyers know what to look for during the investigative process to uncover all contributing factors. We will work to ensure that everyone who played a role in your injury is held accountable for the consequences of their negligence.

Why Dram Shop Laws Matter

The most fundamental purpose of Rhode Island’s Dram Shop Act is to protect the public from the dangers of excessive alcohol consumption. By holding alcohol-serving establishments accountable for overserving patrons, this act aims to reduce the risk of drunk driving accidents, assaults, and other alcohol-fueled incidents. The public safety focus encourages establishments to prioritize responsible service, ultimately helping to create safer roads and communities.

Improved Accountability

When a patron clearly exhibits signs of intoxication—or is too young to legally drink—yet is continuously served alcohol, the establishment’s negligence can become a contributing factor in any harm that occurs afterward. Dram shop law ensures these businesses bear responsibility for their role in enabling such behavior, rather than allowing blame to rest solely on the intoxicated individual. Mandating accountability further helps to encourage safe serving practices.

Victim Relief

If you are a survivor of a drunk driving accident, perhaps the most important aspect of Rhode Island’s Dram Shop Act is additional opportunities for compensation. Medical expenses, rehabilitation costs, lost wages, property damages, and ongoing therapy can be extremely expensive—and this is without considering the physical and emotional costs—for victims and their families. Dram Shop Law provides an additional avenue for victims to pursue compensation by holding negligent establishments liable for their role.

How a Providence Dram Shop Liability Lawyer Can Help

If you or someone you love has been injured in a drunk driving accident in Rhode Island, the establishment responsible for serving the inebriated driver may be held to dram shop liability laws. At Mandell, Boisclair & Mandell, our Providence drunk driving accident lawyers understand the complexities that often surround these collisions. We can:

• Investigate Your Case. We dig into bar receipts, surveillance footage, and eyewitness accounts to establish whether an establishment acted negligently.
• Work With Experts. From toxicologists to accident reconstruction specialists, we use all available resources to build the most robust claims.
• Pursue Full Compensation. Damages should include all the ways—financially, physically, and emotionally—your injuries have impacted your life.

With close to five decades of experience, we have a long and proud history of helping our clients recover the damages they are owed. This includes significant dram shop jury verdicts and settlements.

Contact a Providence Dram Shop Liability Lawyer for FREE

If you believe a bar, restaurant, or social host’s irresponsible actions contributed to your injuries contact Mandell, Boisclair & Mandell for a FREE case evaluation today. Our Providence dram shop liability lawyers represent victims of drunk driving accidents throughout Rhode Island and nearby areas of Massachusetts.