Dram shop liability laws allow individuals to hold establishments accountable when they serve alcohol to someone who later causes harm. Understanding what to do when filing a dram shop claim is essential for those seeking justice.
Establishing intoxication and service
The first step in charging an establishment with dram shop liability is proving that the establishment served alcohol to a visibly intoxicated person. Witnesses, video footage, or receipts can help show that the individual was already intoxicated when they were served more alcohol.
Establishing this fact is necessary because it connects the establishment’s actions to the incident.
Proving causation of harm
Next, the individual must prove that the intoxicated person’s actions directly caused harm. This could involve showing that the person caused a car accident, committed an assault, or caused property damage as a direct result of their intoxication. The connection between the alcohol consumption and the harm must be clear and direct for the claim to succeed.
Gathering evidence and witnesses
Gathering evidence is a critical part of building a strong dram shop liability case. This can include obtaining police reports, medical records, and witness statements that support the claim. Witnesses who can testify to the intoxicated person’s condition and the establishment’s role in serving them alcohol can be particularly valuable in proving the case.
Filing the lawsuit within the statute of limitations
Finally, you need to file the lawsuit within Pennsylvania’s statute of limitations. Personal injury claim laws require the claim to be filed within two years after the incident occurs. Missing this deadline can result in the case being dismissed, no matter how strong the evidence might be.
By following these steps when charging an establishment with dram shop liability, individuals can seek accountability and justice for the harm caused by intoxicated individuals.