COULD YOUR BARTENDER BE HELD ACCOUNTABLE FOR YOUR DUI?

Bars and advertisements for alcoholic products often encourage people to “drink responsibly,” but in some cases, the establishments or bartenders serving these drinks may be at least partially liable for a patron’s alcohol-related injury or death. Under certain circumstances, bars can—and should—be held responsible for over-serving patrons.

Many states have “dram shop” laws (named after an 18th century term for pubs or taverns). These laws are enforced through civil lawsuits, allowing DUI victims or their families to sue alcohol vendors or retailers for monetary damages.

It maybe difficult to know when exactly a bar can be liable. Here are a few examples of when an establishment could be responsible for your case:

WHEN A BARTENDER CONTINUES SERVING A PATRON IN SPITE OF OBVIOUS INTOXICATION

A bar may be liable for over-serving if a bartender continues to serve drinks to a patron who is very clearly intoxicated to the point that he or she may be a danger to themselves or others. If, for example, a patron is slurring their speech, acting confused, or having trouble standing up and walking, a bartender should make the decision to stop serving drinks to that patron. If the bartender continues giving that person drinks, they are knowingly increasing the chances of an accident, especially if the patron is planning on driving home from the bar.

WHEN AN OVER-SERVED BAR PATRON CAUSES A CAR ACCIDENT

It is possible for a bar to be found liable for injuries or deaths caused by a drunk patron who drove, especially if a bartender was aware or could reasonably have inferred that the patron was planning to drive home.

PROVING THAT A BAR IS AT-FAULT FOR OVER-SERVING

As previously mentioned, it can be challenging to prove fault even if you believe that a bar’s staff should be held responsible for an accident that resulted from their over-serving a patron. Not only do you have to prove that the intoxicated patron was under the age of 21 or had a habitual alcohol addiction, you have to prove that the bar staff knew the person was intoxicated and continued serving them anyways.

Bartenders might argue that they only served a patron a couple drinks, but that the patron had been drinking before coming to the bar, was drinking on an empty stomach, or had a low tolerance for alcohol. If the bar staff can prove that they could not reasonably be expected to know a patron was drunk, the bar will most likely not be held liable for any accidents or injuries resulting from that patron’s drunkenness.

However, that does not mean that you should just sit back if you’ve been harmed or have lost a loved one due to a bar staff’s inexperience or negligence. If you believe that you may have a case against a bar, talk to an experienced personal injury lawyer as soon as possible to learn more about how you can prove fault.

If you’re still trying to determine whether a bar may be liable in your case, call Truskett Law to learn more.

Truskett Law is committed to keeping our community safe and healthy. If you or a loved one has been injured in a car wreck, we are here to help. We give free consultations for injuries, car wrecks and wrongful deaths.

Give us a call at (918) 392-5444

TAGS:

 alcohol safety, DUI, safety, wreck, wrecks, wrongful death

Resolutions for Those Facing Chronic Illness

The normal holiday hustle and bustle is stressful enough, but when you add a serious chronic illness to the mix, life can be extra challenging. The cut-and-paste New Year’s resolutions we all fall back on like losing weight might apply to your situation, but there are a few other resolutions for those facing chronic illness to consider.

1. Give Yourself a Break

When you’re juggling a chronic illness and regular life, it can be difficult to find a moment to relax and unwind – but you should. Set aside a specific time when you can do something that gives you joy; talking to an old friend, getting your nails done or reading a book are great ways to unwind.

Another way to get a break is to ask for assistance. For many, asking for assistance is one of the toughest things they’ll ever have to do. But you might be surprised at how many of your friends and family will be happy to have a specific task they can do to make things easier for you.

Finding a space where like-minded individuals are going through the same thing you are, like a support groups, is another good way to relax and talk about your struggles with people who will understand. Ask your doctor for local support group options or check online with an awareness group specific to your illness like the American Cancer Society, American Heart Association, Alzheimer’s Association or American Lung Association.

2. Advocate for Yourself

One of the best resolutions people facing a chronic illness can do for themselves is to become their own health advocate. Start by learning everything you can about your options, beginning with your health insurance. Make a point of understanding at least the basics of your coverage. If a procedure or prescription is denied, ask why and see if the decision can be changed. Sometimes it’s just a simple coding error that can be easily corrected.

Don’t just question health insurance providers; ask your doctor to explain all your options and the goal of each treatment as well. Make sure you’re on the same page about how the treatment will impact your quality of life. If you’re nervous about asking questions or afraid you’ll forget something, write your questions down in advance.

Finally, get your healthcare paperwork in order. Whether it’s an advance directive, a medical power of attorney or a Do Not Resuscitate (DNR) order, the best way to ensure your medical wishes will be respected is to put them in writing. Even healthy people can have an accident that renders them unable to communicate their wishes. Don’t wait until a crisis to have your paperwork in order.

3. Focus on What Really Matters

When you’re already stressed, it’s easy to let little things get to you. Try to remember that the most important things in life are the relationships with the people you love. Make a resolution to take time out to tell them all the things you want them to know in a life journal. Share photos, family history, and personal stories. Your family will cherish these memories for the rest of their lives.

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