What are Dram Shop Laws?
Dram shop laws are legal statutes that hold alcohol vendors, such as bars, restaurants, and liquor stores, accountable for the actions of their intoxicated patrons. These laws aim to encourage responsible alcohol service and provide a means of compensation for individuals injured by an intoxicated person’s actions.
The purpose of dram shop laws is to place a degree of responsibility on alcohol vendors to prevent over-serving alcohol to visibly intoxicated individuals. By holding these establishments liable for the consequences of their patrons’ actions, dram shop laws aim to reduce alcohol-related accidents and injuries.
In Oklahoma, dram shop laws create a civil liability option, allowing the injured victim to sue the establishment beyond any criminal action against the intoxicated driver.
What is the history behind dram shop laws in the United States?
Dram shop laws have existed since the 19th century, with some states enacting them as early as the 1850s. The term “dram shop” refers to establishments that sell alcohol by the “dram,” a small unit of liquid measure. These laws have evolved to address the growing concern over alcohol-related accidents and injuries.
How does this relate to car accident cases?
Dram shop laws can be applied to car accident cases when an intoxicated driver causes an accident after being over-served at an alcohol vendor’s establishment. If the vendor knowingly served alcohol to a visibly intoxicated person, and that person subsequently caused a car accident resulting in injuries or property damage, the vendor may be held liable under Oklahoma’s dram shop laws by the innocent third party victim. Note: this doesn’t mean the drunk driver can turn around and sue the bar.
Oklahoma’s Dram Shop Laws
Oklahoma’s dram shop statute, found in 37A O.S. § 1-101, outlines the circumstances under which alcohol vendors can be held liable for their intoxicated patrons’ actions. The statute prohibits alcohol vendors from selling, delivering, or furnishing alcohol to:
- Intoxicated individuals
- Minors (under 21 years of age)
- Persons with mental deficiencies or legal insanity
To hold an alcohol vendor liable under Oklahoma’s dram shop laws, it must be proven that the establishment served alcohol to someone who was visibly intoxicated or the establishment knew, or should have known, that the customer was overserved. Signs of visible intoxication can include slurred speech, difficulty walking or maintaining balance, bloodshot eyes, loud or argumentative behavior, and the smell of alcohol.
The establishment should have reasonably foreseen that serving the intoxicated individual could lead to harm to others. Intoxication must also be a substantial factor in car accidents and subsequent injuries. For example, if the drunk driver gets rear-ended at a red stop light, the intoxication would not be considered a substantial factor in causing the wreck.
What types of alcohol vendors are covered under Oklahoma’s Dram Shop laws?
The laws apply to any establishment licensed to sell alcohol, including bars, restaurants, liquor stores, and event venues that serve alcohol.
Legal Precedents in Oklahoma Dram Shop Law
Several key legal cases have shaped the interpretation and application of Oklahoma’s dram shop laws:
- Brigance v. Velvet Dove Restaurant, Inc., 1986 OK 41, 725 P.2d 300: This case established that alcohol vendors can be held liable for their intoxicated patrons’ actions under Oklahoma’s dram shop laws.
- Boyd v. ASAP Energy, Inc., 2017 OK 408: This case expanded dram shop liability to include situations where alcohol is sold for off-premises consumption, provided that the vendor knew or should have known that the purchaser was intoxicated.
- Murrow v. Penney, 2023 OK 91: This recent case highlights the challenges in establishing dram shop liability when the vendor did not directly serve alcohol to the intoxicated individual. The court found that the common law rule of no duty to prevent a third person from causing harm applied in this situation.
What are the indications of visible intoxication that alcohol vendors should recognize?
The Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission guides recognizing signs of intoxication. These include slurred speech, unsteady balance, impaired coordination, bloodshot eyes, and loud or disruptive behavior. Alcohol vendors are responsible for training their staff to identify these signs and refuse service to visibly intoxicated patrons.
Applying Dram Shop Laws to Car Accident Cases
By establishing a connection between the vendor’s negligent service of alcohol and the resulting accident, injured parties may be able to seek compensation from the vendor in addition to the drunk driver.
To successfully apply dram shop laws in a car accident case, the plaintiff must show that:
- The alcohol vendor knowingly should have reasonably known and served alcohol to a visibly intoxicated person
- The intoxicated person then caused a car accident, resulting in injuries or property damage
- The vendor’s negligent service of alcohol was a contributing factor in the accident
Evidence that may support a dram shop claim includes witness statements, surveillance footage, receipts or credit card statements showing the purchase of alcohol, and police reports or blood alcohol content (BAC) test results indicating the driver’s intoxication level.
Can I file a dram shop claim if the drunk driver who caused my accident was acquitted of DUI?
Yes, you can still pursue a dram shop claim even if the drunk driver was not convicted of DUI. Civil liability under dram shop laws is separate from criminal charges, and the burden of proof is lower in civil cases. However, a DUI conviction can serve as solid evidence supporting a dram shop claim.
Challenges in Pursuing Dram Shop Claims
Pursuing dram shop claims can present particular challenges, such as proving that the vendor knowingly served alcohol to a visibly intoxicated person. This requires evidence that the vendor had actual or constructive knowledge of the patron’s intoxication when the customer was served.
Another challenge is the potential for shared fault between the vendor and the drunk driver. The vendor may argue that the driver’s negligence was the primary cause of the accident, reducing or eliminating the vendor’s liability.
It’s also important to know the statute of limitations for filing a dram shop claim in Oklahoma. Under 12 O.S. § 95, the time limit for filing a personal injury claim, including a dram shop claim, is two years from the date of the injury.
What defenses might an alcohol vendor use to avoid liability in a dram shop claim?
Alcohol vendors may argue that they did not have knowledge of the patron’s intoxication, that the patron did not appear visibly intoxicated at the time of service, or that the patron’s negligence was the primary cause of the accident. They may also attempt to shift blame to other parties, such as the drunk driver or other establishments that served the individual alcohol.
Dram Shop Liability and Tribal Immunity in Oklahoma
The issue of tribal sovereignty adds another layer of complexity to dram shop liability. Tribal entities, such as casinos and other businesses operating on tribal land, may be protected by sovereign immunity, which can limit the ability to bring dram shop claims against them in state court.
The case of Sheffer v. Buffalo Run Casino, PTE, Inc., 2013 OK 315; 2013 OK 77 illustrates this issue. In this case, the Oklahoma Supreme Court held that tribal entities are immune from dram shop liability in state court.
Partner with Hasbrook & Hasbrook for Your Dram Shop Claim
At Hasbrook & Hasbrook, we hold negligent parties accountable and promote community safety through legal action. If you or a loved one has been injured in a car accident caused by a drunk driver in Oklahoma City, we are here to help. If you have questions about your legal rights or want to discuss your case with an experienced Oklahoma City personal injury attorney, contact Hasbrook & Hasbrook today at 405-605-2426.