In some states, bars and other businesses that sell alcohol may be liable for the negligent actions of intoxicated customers.
Dram shop laws allow plaintiffs to bring a lawsuit against a business that sells alcoholic drinks if they served someone too much alcohol leading to the injury of another party.
Dram shop laws are named after a historical unit of measurement for alcohol sales.
Like most personal injury cases, dram shop lawsuits qualify for pre-settlement funding if the plaintiff sustains injuries due to the negligence on another.
What is a Dram Shop Lawsuit?
Typically, plaintiffs file a dram shop lawsuit against a business if they serve someone too much alcohol who then injures the plaintiff.
There are two types of dram shop cases: first-party cases and third-party cases.
First-Party Dram Shop Cases
A first-party dram shop case is when an intoxicated customer sues a bar or restaurant for overserving them alcohol leading to their own injury.
Many states do not allow first-party dram shop cases and presume that the individual who drinks is liable for their own injuries.
However, some states allow minors to file a first-party dram shop lawsuit.
Since minors aren’t allowed to legally drink, the person who serves them alcohol becomes responsible for the minor’s actions.
Third-Party Dram Shop Cases
A third-party dram shop case is when an intoxicated customer injures someone else.
The most common example is when a bar overserves a customer who then injures another person in a car accident.
The victim of the car accident may sue the bar for the actions of their customer.
While most states allow these types of cases, each state has unique requirements for proving liability.
Liability in a Third-Party Dram Shop Case
Most dram shop cases base liability on negligence.
However, some states require the victim to prove that the defendant acted recklessly or intentionally.
For example, a victim might have to prove that a server acted recklessly by intentionally serving alcohol to a patron that is minor or intoxicated. In addition, they must prove that the server consciously disregarded the obvious risk of overserving the patron.
In states that require proof of intentional conduct, the victim must prove that the server knowingly gave alcohol to a minor or a habitually addicted patron.
Some states go further and expect proof that the server knew the minor or patron would be driving soon after they drank.
How to Get Pre-Settlement Funding for Dram Shop Lawsuits
If you suffer injuries due to the negligent, reckless, or intentional disregard of a business that overserved alcohol, you may qualify for lawsuit funding.
At Ally Lawsuit Loans, we provide plaintiffs funding for all kinds of personal injury cases, including dram shop lawsuits.
We offer the best interest rates in the industry and 100% risk-free lending. If you don’t win your case, you pay back nothing.
To apply for dram shop lawsuit funding, give us a call at 844-545-6246.
We approve the most applications within 24 hours and can send you to cash in the form of a check, money order, or wire transfer.