While most people would assume only a drunk driver is responsible for causing injuries in an auto accident, the Missouri and Illinos Dram Shop Acts also allow for direct actions against those who sold the alcohol under certain circumstances.
Bars, nightclubs and restaurants can be held liable in a Dramshop Action if they knowingly served visibly intoxicated customer alcohol and that customer laters injures someone. While the Dramshop Act allows for recovery, there is a very high burden of proof. The law mandates that the bar or nightclub must knowingly serve alcohol to a person who through his or her actions is visibly intoxicated, something that may be hard to actually prove in a court of law. It is not enough that a person who is legally intoxicated over the .08 BAC limit, the patron must act intoxicated and the server must ignore the obvious intoxication in order to serve one more drink.
At Holland Injury Law, our attorneys have been very successful pursuing bars and nightclubs who have over-served patrons, leading to tragic results. We have poured over hundreds of hours of video, retained the finest toxicologists in the country and conducted dozens of depositions to help bring some measure of justice to our clients.
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