Imagine you’re at a bar, enjoying a drink with friends when someone who has had a few too many decides to leave the premises and drive home. Shortly afterward, that individual causes a car accident, injuring themselves and others. In such cases, not only may the intoxicated person be held liable, but in some jurisdictions, the establishment that served them alcohol could also bear legal responsibility for the accident. This is an example of a legal concept called “Dram Shop Laws.”
What is a “Dram Shop”?
The term “dram shop” originates from the 18th-century British pubs that sold gin by the spoonful, referred to as a “dram.” Over time, this term evolved to encompass any establishment that serves alcohol.
What is the Purpose of Dram Shop Laws?
Dram Shop Laws in Oklahoma are outlined under the state’s Alcoholic Beverage Control Act to establish the circumstances under which establishments that serve alcohol can be held liable for injuries or damages. The primary objective of Dram Shop Laws is to encourage establishments that serve alcohol to do so responsibly and to prevent over-serving patrons who may become intoxicated and pose a danger to themselves and others. These laws vary significantly from state to state in the United States, so it is important to be educated on your own state’s statutes on this law.
How Do Dram Shop Laws Affect Liability in Oklahoma?
Under Oklahoma law, liability under the Dram Shop Laws can arise when an establishment serves alcohol to an individual who is visibly intoxicated or under the legal drinking age. If the intoxicated individual subsequently causes harm to themselves or others, the establishment that served them alcohol may be held accountable for the resulting injuries or damages.
Additionally, Oklahoma’s Dram Shop Laws provide for comparative fault, meaning that the liability of the establishment may be reduced if the injured party is found to have contributed to their own injuries through their actions or negligence. An Oklahoma City car accident lawyer is an expert on these laws and can help you prove liability in these types of cases.
How to Know if Dram Shop Liability Applies
Oklahoma’s Dram Shop Laws have certain limitations and requirements that must be met to establish liability. These include:
- Visible Intoxication: To establish liability, there must be evidence that the individual was visibly intoxicated at the time they were served alcohol. This may include observations of slurred speech, impaired coordination, or other behaviors indicative of intoxication.
- Foreseeability: The harm caused by the intoxicated individual must have been reasonably foreseeable to the establishment. This means that it must have been apparent to a reasonable person that serving alcohol to the individual could lead to the type of harm that occurred.
- Causation: There must be a direct link between the establishment’s service of alcohol and the harm suffered by the injured party. Establishing causation may require evidence demonstrating that the individual’s intoxication was a significant factor in causing the harm.
It’s important to recognize that Oklahoma’s Dram Shop Laws apply not only to establishments that serve alcohol, such as bars, restaurants, or clubs but also to social hosts who serve alcohol at private gatherings. This means that individuals hosting parties or events where alcohol is served can potentially be held liable under these laws if they serve alcohol to an intoxicated individual who subsequently causes harm. This is known as the “Social Host Law”.
Importance of Dram Shop Laws
Dram Shop Laws in Oklahoma play a crucial role in holding establishments accountable for their role in alcohol-related accidents and injuries. By establishing liability for over-serving alcohol, these laws aim to promote responsible alcohol service practices and enhance public safety. Understanding the key provisions of Oklahoma’s Dram Shop Laws is essential for both business owners and individuals seeking to navigate the legal complexities surrounding alcohol and consumption in the state.