Accidents due to driving under the influence (DUI) are a common issue in the United States that causes serious harm to individuals and families. People always think the driver alone is accountable for the crash, but it is essential to understand the responsibility of businesses that serve alcohol.
If a bar or restaurant serves alcohol to a customer who later causes a DUI accident, that business can be found liable for the damages caused. So, nowadays, bar liability for overserving alcohol has become a serious matter in many states.
Understanding Dram Shop Laws
In many states, businesses that serve alcohol can be held accountable for serving alcohol to individuals who are visibly intoxicated. Under dram shop laws, a business could be sued for damages resulting from a DUI accident if it can be proven that they:
- Served Alcohol to an Already Intoxicated Person: If an employee knowingly serves alcohol to a visibly drunk person, and that person later causes an accident while driving under the influence, the business may be held liable.
- Served Alcohol to a Minor: In some states, if a minor is served alcohol and then causes a DUI accident, the establishment that served the alcohol could be held accountable. While this is less common, it’s still crucial for bars and restaurants to consider.
Duty of Care of a Business Establishment
Businesses that serve alcohol have a duty of care to their customers and the general public. This duty extends to ensuring that they do not contribute to dangerous or harmful behavior that could result in accidents.
For example:
- A bartender has a duty not to overserve alcohol to a customer. If a customer is visibly drunk, continuing to serve them is negligent and could lead to an accident.
- Also, businesses that host events or private parties and serve alcohol also have a responsibility to monitor consumption levels and make sure their guests are not engaging in unsafe behaviors.
Many businesses take steps to reduce the risk of DUI accidents, such as
- Providing non-alcoholic options for designated drivers.
- Offering taxi services or ride-sharing options.
- Encouraging customers or guests to have a designated driver.
Importance of Staff Training
Bartenders, servers, and event staff must be well-trained to recognize signs of intoxication and know when to cut someone off. They should also be familiar with their state’s laws regarding alcohol service and the legal limits of blood alcohol content (BAC).
Training programs, like the Responsible Beverage Service Training Program, teach employees to recognize when a customer shows signs of intoxication, the legal implications of overserving, and how to intervene safely and responsibly. Establishments that take these steps are better equipped to prevent accidents and avoid liability.
Consequences for Business Establishments in DUI Accidents
When a business establishment fails to follow its duty of care and serves alcohol irresponsibly, the effects can be severe. A victim of a DUI accident or the family of a victim can file a lawsuit against the business for negligence under dram shop laws. Some of the consequences are:
- Financial Liability: A business found liable for overserving alcohol could face financial penalties, including the cost of medical bills, lost wages, and property damage caused by the accident.
- Reputation Damage: A business involved in a DUI accident could suffer significant damage to its reputation, which could lead to a loss of customers and revenue. Word of mouth and social media can strengthen the impact, making it harder for the business to recover.
- License Revocation or Suspension: In extreme cases, an establishment may face penalties from the local government, including the suspension or revocation of its liquor license. Without the ability to serve alcohol, a business may struggle to survive.
- Criminal Charges: In some cases, particularly when the business has been warned multiple times, criminal charges could also be filed against the business owner or employees.
