Property Damage as a Result of Driving Under the Influence

Learn the issues and risks of providing alcohol.

Where to Find More Info

Several kinds of alcohol providers could be at risk / subject to liability for the acts of intoxicated person . Providers include sellers, such as bars, discos, restaurants and liquor stores. Also include social hosts, organizations holding an event and fraternities or sororities.

In the past, alcohol providers normally weren’t held to blame by the courts for an intoxicated person’s actions. Many states have since passed what are referred to as dram shop laws. These laws place a certain amount of responsibility on some alcohol providers for damages and/or injuries caused by intoxicated people. Today, most states have some for of dram shop law , but coverage differs . Dram shop laws usually differ on

the elements of:

• Who can be held liable for injuries and damages for providing alcohol
• What types of damages an injured person can seek
• Whether or not relief under the dram shop law is the only relief allowed or there are other alternatives
• The remedy permitted under a dram shop law may be unique . This means that other lawsuits based on other legal theories,  such as negligence, might not be permitted .

Third Party Liability Where There Are Minor Involved 

Vendor liability ,social host or alcohol server liability can be determined by whether the drunk person is an adult or a minor. Offering minors with alcohol can be the basis for negligence claims . A plaintiff in a lawsuit would most likely try to show negligence through a lack of duty of care by the server furnishing alcohol to a minor . In doing so , it was envisioned or foreseeable and that aneibriation , potential or actual injuries and property damage would result .

Dependant upon the state, those offering alcohol to a minor might be treated differently than social hosts or those having a get together at their home. For example, owner of a convenience store, bar or restarant owner compared with the host of party at their home or place of business. Liability for selling or supplying alcohol to minors can be based on numerous factors including violations of laws against underage drinking, as well as potential violations of local ordinances and regulations on the subject of providing alcohol to minors.

Different Providers of Alcohol

Businesses can be sued for damages as a result of supplying alcoholic beverages to an employee, business guest or to another person acting as a social host. In certain circumstances, employers can be held liable for an employee’s actions. Instances that may apply include occurances when an employee is working , or when his or her actions are within the scope of their employment duties. Several instance or examples would include things such as business meetings or company outings / events.

College fraternities or sororities often face lawsuits after supplying alcohol at parties and their party guests or house members cause accidents and injuries as a result of becoming intoxicated at the party. A plaintiff in such a case may attempt to hold a fraternity or sorority liable as a social host under the law. Another potential basis for a lawsuit is the tort theory of premises liability. Under these circumstances, the claim of the lawsuit would be that the fraternity or sorority did not keep the premises what would be considered to be reasonable safe during a party at which alcohol was served.

If you are facing a DUI in Wisconsin, call a Green Bay Attorney who specializes in DUI cases at Brabazon Law Office by calling 920-494-1106 or visit us online at www.brabazonlawoffice.com .