How Does the Ohio Dram Shop Law Affect a Drunk Driving Accident Case?
According to the National Highway Traffic Safety Administration (NHTSA), there were 10,497 deaths from alcohol-impaired crashes in 2016. That number doesn’t account for the total number of drunk driving accidents that have occurred. throughout the duration of the year. Many of the individuals who decide to get behind the wheel of their vehicle intoxicated do so by choice, with no one to blame but themselves when they engage in an accident. There are cases, however, when other parties may be held accountable as well given certain criteria is met.
We are talking about The Dram Shop Law, a law that is currently being enforced in the state of Ohio. The Dram Shop Law is a law that is used to hold bars and other establishments that possess a liquor license and sell it liable for a drunk driver’s negligent actions if that person causes a personal injury, a death, or property damage as a result of being intoxicated.
But, not every bar or establishment that sells liquor can be held accountable when a person is involved in a drunk driving accident. It is important to acknowledge this fact as some victims will attempt to apply this law to their case only to learn that the bar isn’t responsible and will not be required to pay for the damages a drunk driver caused.
When can a bar or establishment in Ohio be held liable for a drunk driving accident?
According to Ohio’s Revised Code 4399.18, “a liquor permit holder or an employee of a liquor permit holder who sold beer or intoxicating liquor to the intoxicated person” may be held liable if “the personal injury, death, or property damage occurred on the permit holder’s premises or in a parking lot under the control of the permit holder” and must have been caused by their negligent behavior.
Applying the Dram Shop Law to your drunk driving accident case might be difficult so it is best that you are represented by a drunk driving crash lawyer in Columbus, OH.An injured individual does have the right to pursue an establishment that is permitted to sell alcohol for an accident that occurred off the premises belonging to the permit holder if the following evidence can be provided:
- The permit holder or an employee of the permit holder knowingly sold an intoxicating beverage to at least one of the following:
- A noticeably intoxicated person in violation of division (B) of section 22 of the Revised Code;
- A person in violation of section 69 of the Revised Code.
- The person’s intoxication proximately caused the personal injury, death, or property damage.
If you were severely injured in a drunk driving accident and you are trying to determine which parties you can be held accountable for your damages, it is best to discuss this with a Columbus, Ohio drunk driving accident lawyer. You need someone who is knowledgeable in this particular field of law who can use the evidence and information you have to determine how much you might be entitled to and who you can pursue in an attempt to collect this compensation.
USAttorneys.com works with some of the most recognized Columbus, OH drunk driving accident lawyers in the field and would be happy to connect you with one of these professionals now.
