Dram Shop Or Liquor Liability

Those injured in drunk driving accidents may have several legal options available to them in Montana. Indeed, not only can a victim pursue a personal injury action against the drunk driver who caused the accident, but he or she may be able to hold the bar, restaurant or liquor establishment that sold or served alcohol to the driver accountable as well. This particular form of legal responsibility is more commonly known as dram shop liability.

If you have been injured in a drunk driving accident and believe the driver was overserved by a bar or restaurant, you need to contact Overby Law Office, P.C., as soon as possible to learn what your legal rights and options may be. Attorney C. Frederick Overby can fully explain any relevant laws and guide you through the legal process.

Overserving Intoxicated Patrons

Under Montana law, bars, taverns and restaurants may be liable if they provide alcohol to patrons who then injure third parties in drunk driving car accidents. These same establishments may also be liable for injuries to persons sold alcohol when they are under the legal drinking age. However, in order to establish liability, you must be able to show that at least one of the following circumstances exists:

  • The bar served alcohol to the patron despite the fact that he or she was already "visibly" intoxicated
  • The patron receiving the alcohol was under the legal drinking age, and the bar knew the patron was underage or did not make a reasonable attempt to determine the patron's age
  • The patron was forced or coerced to drink the alcohol by the bar, or the bar told the patron that the drink did not contain alcohol

While dram shop liability is typically used following a drunk driving car accident, it can actually be applied in several types of personal injuries. For instance, if a drunk patron were to stumble into you and knock you to the floor, you may be able to pursue damages for your injuries against the bar by using dram shop laws.

Dedicated Legal Guidance

Contact Overby Law Office, P.C., today if you wish to speak to an experienced lawyer and discuss your legal options following an alcohol-related accident. You can reach us online or by calling 800-689-1233. We have offices in Bozeman, Montana, and Columbus, Georgia. In many cases, we offer FREE initial consultations.