Intoxication causes significant adverse effects on judgment, coordination, and ability, with impacts on driving and other functions that can result in serious harm to others. The criminal justice system is tasked with penalizing a drunk driver or a person who causes injuries to others while under the influence of alcohol, but it’s the civil courts that provide compensation to victims of drunk drivers in Missouri. Working with a St. Louis car accident attorney can help victims pursue the compensation they deserve.In Missouri, part of accountability in drunk driving cases sometimes impacts a bar, nightclub, or other business that provided the drunk driver with alcohol. Drinking establishments may be found liable for damages under Missouri’s Dram Shop Law.
What Is the Dram Shop Law In Missouri?
Missouri is one of 42 states plus the District of Columbia with a dram shop law. Under Missouri §537.053, the law states the following: “A cause of action may be brought by or on behalf of any person who has suffered personal injury or death against any person licensed to sell intoxicating liquor by the drink for consumption on the premises when it is proven by clear and convincing evidence that the seller knew or should have known that intoxicating liquor was served to a person under the age of twenty-one years or knowingly served intoxicating liquor to a visibly intoxicated person.” A drunk driver in Missouri may be held liable for damages to a victim in a drunk driving accident, but under the Dram Shop Law, a commercial establish may also be held liable for damages if they served an underage person or served or continued to serve an individual who appeared visibly intoxicated.
What Types of Establishments Can Be Held Liable Under the Missouri Dram Shop Law?
Only commercial establishments that sell alcoholic beverages by the drink and intended for consumption on the property can be held liable for an injury victim’s damages. This includes bars, pubs, nightclubs, taverns, and similar premises. Liquor stores are not included in the Dram Shop Law. Only establishments that serve drinks directly to customers have employees who witness the level of intoxication in a buyer before they serve them another drink, leaving the owner of the establishment liable for damages if an overserved patron causes a car accident with injuries. Individuals who host parties are also exempt from the Missouri Dram Shop Law since they are not selling alcoholic beverages for profit; however, they may be held criminally liable for overserving an intoxicated guest who later causes an accident, or for serving an underage guest who goes on to cause injuries to others.
What Evidence Does an Injury Victim Require for a Dram Shop Lawsuit in Missouri?
Under the Missouri Dram Shop Law, proving liability requires showing evidence that one or more employees in the establishment failed to check ID before selling alcohol to a minor, or accepted a false ID. Liability also applies when an establishment serves alcohol to a visibly intoxicated person, described in the law as: “Inebriated to such an extent that the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction.” Evidence in Dram Shop Law claims for damages often includes security camera footage, eyewitness testimony, and sometimes BAC-level test results obtained from the drunk driver after the accident. Proving liability requires showing that the establishment knew the patron was visibly intoxicated but continued to serve them, or that they served a minor. Contact our personal injury attorney in St. Louis for help with your case.