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Our Attorneys specialize in a wide range of personal injury and employment law practice areas which means that we can take on a diverse range of different cases.

Dram Shop Liability Attorneys

What Is a Dram Shop Law?

 

A dram shop law is legislation that holds businesses responsible for selling alcohol to individuals who subsequently operate a vehicle negligently and injure others. The intent of this law is to increase accountability for those who profit from alcohol sales. The concept originates from English law, with the term "dram"; referring to a unit of alcohol measurement in Britain. While many states have dram shop laws, their specifics can vary widely. For instance, some states hold bars and establishments liable for serving alcohol to visibly intoxicated individuals, while others extend liability only when alcohol is provided to minors. Some states even limit liability to cases where the establishment serves alcohol to individuals known to have a habitual alcohol addiction.

 

Typically, in such cases, plaintiffs can pursue a civil case against both the intoxicated driver and the alcohol vendor, with compensatory damages divided between the defendants. In certain instances, plaintiffs may also seek punitive damages from the driver. California is one of 38 states that has enacted a "dram shop law" This law can potentially lead to legal liability for establishments such as bars, restaurants, hotels, clubs, and similar businesses when a patron consumes excessive alcohol and subsequently causes harm while driving.

 

However, California significantly tightened its dram shop laws in 2012. California Civil Code Section 1714, "Responsibility for Willful and Negligent Acts"; saw significant revisions in 2012, removing the element of strict liability. The legislature's stance was that the proximate cause of injuries resulting from drunk driving accidents is the person consuming alcohol, not the business that served it.

 

Yet, there is one exception to this rule: intoxicated minors. If a California business or individual serves alcohol to an obviously intoxicated minor, they may be held liable for damages caused by that minor.

 

At The Mooshekh Law Firm, P.C., we possess expertise in these statutes and a track record of successful cases. Contact us today for a free consultation, either through our online form, by phone at (888) 500-3010, or by email at info@ML-PC.com.

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WHY CHOOSE The Mooshekh Law Firm, P.C.

When you've been involved in a dram shop-related accident, it's important to seek the help of an experienced personal injury attorney. Negotiating a settlement takes a lot of work, and it may not be something you're interested in doing yourself. An attorney can help you receive suitable medical treatment, collect evidence for your case, determine damages sustained as a result of the accident, and help you recover the most compensation.

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    You will never pay for our legal services until we successfully obtain financial compensation for your injuries.

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    As a people focused firm, we will treat you like family and always keep your best interest in mind. Our clients deserve to come first.

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    Award Winning Legal Service

    Your case will be handled by a professional, experienced, and highly skilled attorney. We have a winning track record of collecting millions in damages for our clients.

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    We will work harder for you than any other firm. We are available 24 hours a day, 7 days a week, to assist you with a FREE consultation.

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At The Mooshekh Law Firm, P.C. Firm, car accident attorneys handle personal injury lawsuits for people throughout Southern California and Arizona. We have decades of experience representing clients in all types of car accidents to obtain the best outcome possible.

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