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

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

ELSE PRESS RELEASES FROM THIS DATE:

MIT: New system for flat-panel solar power combines with hot water systems for greater performance

2011-05-04

CAMBRIDGE, Mass. -- MIT researchers and their collaborators have come up with an unusual, high performance and possibly less expensive way of turning the sun's heat into electricity. Their system, described in a paper published online in the journal Nature Materials on May 1, produces power with an efficiency roughly eight times higher than ever previously reported for a solar thermoelectric device — one that produces electricity from solar heat. It does so by generating and harnessing a temperature difference of about 200 degrees Celsius between the interior of the device ...

Protein identified as enemy of vital tumor suppressor PTEN

2011-05-04

HOUSTON - A protein known as WWP2 appears to play a key role in tumor survival, a research team headed by a scientist at The University of Texas MD Anderson Cancer Center reports in an advance online publication of Nature Cell Biology. Their research suggests that the little-studied protein binds to the tumor-suppressing protein PTEN (phosphatase and tensin homologue deleted on chromosome 10), marking it for destruction by proteasomes, which degrade proteins and recycle their components. PTEN plays a role regulating the cellular reproduction cycle and prevents rapid ...

Safety Rule Requiring Backup Cameras Paused

2011-05-04

Safety Rule Requiring Backup Cameras Paused Two year old Cameron Gulbransen died in a tragic and preventable accident, a type of accident that occurs too often -- Cameron was accidentally backed over by his father while playing in the driveway. In response to Cameron's death, Congress passed the Cameron Gulbransen Kids Transportation Safety Act of 2007. The act sets out to end backup accidents by trying to "eliminate" vehicles' blind spots. As part of the act, the National Highway Traffic Safety Administration (NHTSA) set out to implement a rule requiring ...

Mouse study turns fat-loss/longevity link on its head

2011-05-04

SAN ANTONIO (May 3, 2011) — Since the 1930s scientists have proposed food restriction as a way to extend life in mice. Though feeding a reduced-calorie diet has indeed lengthened the life spans of mice, rats and many other species, new studies with dozens of different mouse strains indicate that food restriction does not work in all cases. Diet and fat loss Researchers at the UT Health Science Center San Antonio's Barshop Institute for Longevity and Aging Studies, with colleagues at the University of Colorado, studied the effect of food restriction on fat and weight ...

Thinking of Leaving the Hospital Before You Are Discharged? Do So at Your Own Risk

2011-05-04

Thinking of Leaving the Hospital Before You Are Discharged? Do So at Your Own Risk A recent report released by the Agency for Healthcare Research and Quality shows an alarming rise in the number of patients who are leaving hospitals, emergency rooms and urgent care clinics before they are properly discharged. The agency examined data dating back to 1997 and found that the number of patients leaving against medical advice has increased nearly 40 percent since then. Hospital discharge information for 2008 -- the most recent year such data was available -- show that roughly ...

Portable tech might provide drinking water, power to villages

2011-05-04

WEST LAFAYETTE, Ind. – Researchers have developed an aluminum alloy that could be used in a new type of mobile technology to convert non-potable water into drinking water while also extracting hydrogen to generate electricity. Such a technology might be used to provide power and drinking water to villages and also for military operations, said Jerry Woodall, a Purdue University distinguished professor of electrical and computer engineering. The alloy contains aluminum, gallium, indium and tin. Immersing the alloy in freshwater or saltwater causes a spontaneous reaction, ...

Survey Reveals High Rate of Criminal Convictions Among Nursing Home Employees

2011-05-04

Survey Reveals High Rate of Criminal Convictions Among Nursing Home Employees In an unprecedented examination of the nursing home industry, the federal Department of Health and Human Services (DHHS) surveyed hundreds of nursing homes around the country to find that a whopping 92 percent of them employed at least one worker with a criminal conviction. Perhaps even more disturbing is the fact that almost half of all nursing home facilities in the country employ five or more people with at least one conviction each. An extreme example of the problem is seen in one particular ...

Dependency and passivity -- you can have 1 without the other

2011-05-04

Think of a dependent person, and you think of someone who's needy, high-maintenance, and passive. That's how many psychologists and therapists think of them, too; passivity is key. But dependency is actually more complex and can even have active, positive aspects, writes Robert Bornstein of Adelphi University, the author of a new article published in Current Directions in Psychological Science, a journal of the Association for Psychological Science. Bornstein was sent towards a different concept of dependency by a series of experiments he did in graduate school. He paired ...

Student Athlete Concussion Policy and Law in Indiana

2011-05-04

Student Athlete Concussion Policy and Law in Indiana In Indiana, sports are king. From basketball to auto racing and football, sports are in our blood. Not only are sports great exercise for our kids, they can also help form important social skills, like teamwork and cooperation. But there are risks to this childhood fun. Every year in the U.S over 135,000 children aged five to 18 are treated in emergency rooms for sports-related concussions, according to the Centers for Disease Control and Prevention. But many concussions go untreated every year, based on an outdated ...

Increases in peripheral arterial disease revascularization correlates with screening growth

2011-05-04

Peripheral arterial disease (PAD) is an indicator for coronary and carotid arterial disease and carries inherent risks of claudication and amputation. PAD screening has increased dramatically, particularly among cardiologists, while vascular surgery has demonstrated the greatest growth in revascularization procedures treating PAD, according to research being presented at the 2011 American Roentgen Ray Society's annual meeting. The study was performed at Rhode Island Hospital in Providence, RI. CPT codes were extracted for lower extremity vascular noninvasive physiologic ...