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Injured by a Drunk Driver?

April 9, 2020

Pennsylvania's Dram Shop Laws and Liability

 

Dram shop is a legal term used to refer to a bar, tavern, or similar establishment that sells alcoholic beverages.

 

If you or a loved one has been harmed by a drunk driver, or if a bar/tavern/restaurant has over served someone and they are injured PLEASE don’t hesitate to call us at 267.364.5004. This also includes when a bar/tavern/restaurant serves an individual who is still a minor.  

 

Dram shop liability laws were passed in several states including Pennsylvania to help hold bars, restaurants etc., liable for the sale of alcohol to visibly intoxicated individuals or minors who later cause the injury or death of other people or to themselves as a result of drinking and driving.

 

In Pennsylvania the applicable statute that allows for a claim to be advanced against a licensed alcohol server is Dram Shop Act, 47 Pa.C.S. § 4-497. The statute provides: No licensee shall be liable to third persons on account of damages inflicted upon them off of the licensed premises by customers of the licensee unless the customer who inflicts the damages was sold, furnished or given liquor or malt or brewed beverages by the said licensee or his agent, servant or employee when the said customer was visibly intoxicated. 47 Pa.C.S. 4-497. In order to prevail in a Dram Shop liability action, an injured plaintiff must demonstrate: 1.) an individual was served alcohol while “visibly intoxicated” and; 2.) the intoxication was the proximate cause of his injuries. Fandozzi v. Kelly Hotel, Inc., 711 A.2d 524, 525-526 (Pa. Super. Ct. 1998).

 

Pursuant to this law, it’s illegal for any person employed in the sale or furnishing of liquor or alcoholic beverages to serve any visibly drunk person, mentally ill individual, minor, or known habitual.

 

We have the experience to handle these cases against these entities for the harm they have caused.

 

 

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