May 04, 2011 (Press-News.org) Alabama Dram Shop Act
In Alabama it had long been the rule, with cases going back to 1876, that one cannot recover for negligence in the dispensing of alcohol.
The legislature modified Alabama case law, which provided no remedy for the unlawful dispensing of alcohol, by the creation the Civil Damages Act and the Dram Shop Act.
The Dram Shop Act
The language of the Alabama Dram Shop Act states:
-Every wife, child, parent, or other person who shall be injured in person, property, or means of support by any intoxicated person or in consequence of the intoxication of any person shall have a right of action against any person who shall, by selling, giving, or otherwise disposing of to another, contrary to the provisions of law, any liquors or beverages, cause the intoxication of such person for all damages actually sustained, as well as exemplary damages.
In order to show a violation of the Dram Shop Act, the plaintiff must prove three elements: The sale must have:
-been contrary to the provisions of law
-been the cause of the intoxication
-resulted in the plaintiff's injury
"Contrary to the provisions of law" means that the sale has to be illegal, such as to a minor, a sale in a in a "dry" county or to an obviously intoxicated person, (which is prohibited by a section of the Alabama administrative code).
The language of the Dram Shop Act has been interpreted by the courts to apply only to "sellers" of beverages, and not to apply to "social host."
If you were injured, by a minor who had illegally purchased liquor or by an adult who was served after becoming visibly intoxicated, you would have a right under the Dram Shop or Civil Damages Act to sue them for the damages you sustained.
A common example would be if you were injured by a drunk driver who had been served liquor by a bar or restaurant after already showing signs of intoxication. Social clubs and other establishments may also be held responsible for the consequences of continuing to serve intoxicated individuals or providing liquor to those underage.
If you have been injured as a result of a minor being served alcohol or an adult being over-served contact an experienced personal injury attorney. A lawyer can inform you of your legal rights and advise you about potential claims.
Article provided by Bohanan & Associates, P.C.
Visit us at www.bohananknight.com
Alabama Dram Shop Act
In Alabama, the Dram Shop Act allows for avenues of recovery if you were injured by a minor who illegally purchased liquor or by an adult who was served after becoming visibly intoxicated.
2011-05-04
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[Press-News.org] Alabama Dram Shop ActIn Alabama, the Dram Shop Act allows for avenues of recovery if you were injured by a minor who illegally purchased liquor or by an adult who was served after becoming visibly intoxicated.