You may have heard of dram shop laws in passing. If you are not sure what these laws really mean, do not feel bad. Dram shop laws are important to know about. Yet, many people do not understand them or have a sense as to how they apply to possible situations. Our Tennessee personal injury lawyers are here to help those on both sides of dram shop law issues as well as other personal injury matters. Here is a look at what these laws are all about. We will tell you why the letter of the law is important to you.
Tennessee Dram Shop Laws
Tennessee dram shop liability is rooted in two statutes that define when a restaurant, retailer, or bar can be liable for selling alcohol to an individual who then injures or kills another person while intoxicated. The driver in question must be intoxicated by liquor sold at the establishment identified as the defendant if there is any hope for a successful lawsuit. In general, the state of Tennessee determines the drinker’s conscious choice to consume alcohol as the cause of the injury or death inflicted on the other person. It is not the establishment that sold the alcohol that is at fault but for a few exceptions.
Exceptions to the Norm
There are a few exceptions to these laws. If the person who caused the injury, or death, consumed the alcohol and turned out to be a minor, it might be possible to place liability on the merchant in question. This is also true if the buyer of the beverage was visibly under the influence at the time of purchase. Yet, the burden of proof is high. A jury of 12 persons must make the decision beyond a reasonable doubt that the defendant is guilty. If found guilty, penalties will apply, yet this is quite the high standard to meet.
It can be awfully challenging to prove the sale of alcohol turned out to be the proximate cause of the death or injury in question. One must prove the driver was under age or that he or she was visibly under the influence of alcohol at the time of the purchase. If the accusing side can not prove one of these, it may be nearly impossible to find the selling party guilty under dram shop laws.
Most people assume it is easy to prove. That the establishment in question should have known the driver was underage or inebriated. However, a fake license, the use of eye drops, and someone with a lot of experience drinking could easily fool a merchant. If the defendant has a decent attorney, it will be difficult to pin the blame on anyone but the driver who caused the accident with his or her bad judgment. What matters most is the quality of the attorney representing each side in the matter.
What About Parents and Bartenders who let Minors Drink?
Parents and bartenders who allow those under the age of 21 to drink alcohol on their property face serious consequences. Such parties would likely face a civil suit in another state. Yet, the state of Tennessee does not have a civil aspect of the relevant criminal liability statute. The potential penalty in our state is payment of damages to the victim after the harm inflicted by the minor. There is also a chance of criminal charges and possible penalties from government agencies. In general, the state of Tennessee considers the cause of the injury and/or death to be the driver who imbibed rather than the person or institution that provided the alcohol.
Involved in a Dram Shop Law or Personal Injury Matter? You need Top Tennessee personal Injury Lawyers
We understand both sides of dram shop laws and personal injury law. Tell us your side of the story. We will develop a personalized legal strategy that helps you obtain justice. Give our Tennessee personal injury lawyers at Lerner and Rowe Injury Attorneys a call at 844-977-1900 to schedule a free consultation. Our office hours are 8:00 a.m. to 5:00 p.m., but we can and will take your phone call 24/7. You can also contact us through our convenient LiveChat feature. So, don’t waste any more time. Contact us today!