Drunk driving is a severe and costly issue in both Pennsylvania and New Jersey. At Quinn Injury Lawyers, we regularly represent victims of accidents caused by drunk drivers. However, the drunk driver isn’t always the only person who may be legally responsible. Under Dram Shop laws, a business that sold or served alcohol to the drunk driver may also be held accountable for the resulting accident.
Liability for Serving Minors or Visibly Intoxicated Patrons
The Pennsylvania Dram Shop Act applies to any business or person licensed to sell liquor in the state. This includes employees, servers, or agents working for the business. In simple terms, if you own a bar, restaurant, or store that legally sells alcohol, you can be held responsible under the Dram Shop Act for the actions of your staff.
The Act imposes liability in two key situations:
- The seller or server provides alcohol to a minor, which is defined as anyone under 21.
- The seller or server furnishes alcohol to a visibly intoxicated person.
Here, liability refers to civil responsibility rather than criminal penalties. If a minor or visibly intoxicated adult is served alcohol and later causes a car accident, the victims can pursue a civil lawsuit against the business that violated the Dram Shop Act.
Strict Liability for Serving Minors
When it comes to minors, the law is straightforward. Liability is imposed even if the minor wasn’t visibly intoxicated. It’s always illegal to serve alcohol to anyone under 21. So, even if the minor only consumed a couple of drinks, the business can still be held liable if they cause a car accident after leaving the premises.
Proving Visible Intoxication for Adults
For adults over 21, proving liability requires evidence that the driver was visibly intoxicated while still at the establishment. Bars and restaurants usually don’t perform breathalyzer tests, so visible signs of drunkenness—such as slurred speech, difficulty standing, or inappropriate emotional behavior—can be enough to establish liability.
Contact a Philadelphia Dram Shop Attorney Today
Drunk drivers must be held accountable for their actions, both civilly and criminally. But establishments that serve underage or visibly intoxicated patrons should not escape responsibility either. That’s why Dram Shop laws are in place. If you or a loved one has been injured in a drunk driving accident, the Philadelphia Dram Shop attorneys at Quinn Injury Lawyers are here to help. Contact our offices in Philadelphia or New Jersey today to schedule a free consultation.
