After a driver is arrested for DUI, they will have the option of defending themselves in court. One of the defenses they can use to prove that they were not entirely at fault and to help them reduce their liabilities is to involve the bar which served them the alcohol in the first place.
Everyone knows that bars are legal structures in Rockville, MD and they are obviously allowed to serve alcohol to their customers. However, there are some cases in which they can be held legally responsible for the intoxication of an individual, especially if that particular individual manages to get into a serious accident because of how heavily intoxicated they were.
Obviously, the bar cannot be held entirely responsible for the accident, but the employees or the management can definitely be held partially responsible.
Under what conditions can a bar be held responsible?
A bar can be held liable under the Dram Shop Act. The main purpose of the Dram Shop Act is to push bars to train and educate their employees on when they should stop serving the drinks to their customers. If a person’s judgment seems to be clearly impaired and they are still demanding more alcohol, employees should be well aware that they are not allowed to serve anymore.
In order to hold the employee of the bar responsible they must have committed one of the following:
- Provided alcohol to an individual who was so intoxicated he or she was clearly a danger to themselves and those around them
- Provided alcohol to a minor
If any of the above two sceneries occurred, then the employee of a bar can be held legally responsible for the harm that resulted because of their negligence. However, the owner of the bar can refute these claims by providing evidence that the employee in question had attended proper training on when they should and should not sell alcohol, and also by providing evidence that they did not encourage the employee to go against the rulings of the Dram Shop Act.
What steps should I take to pursue legal action against the bar?
The best way to ensure that a person will be able to hold the bar legally responsible is to have a specialized attorney by ones’ side. An attorney can help a person figure out if they are eligible to hold the bar liable or if this cannot be applied in their situation. A lawyer can also further educate a person on other individuals who may also be held liable for the accident such as other drivers or government agencies responsible for road maintenance.
After a person gets in touch with their attorney they can rest assured the legalities will be taken care of and they can relax knowing that every legal avenue will be considered and pursued to help them gain ease in their current situation.