During the holiday season, many celebrations involve alcohol — and when those who consume too much get behind the wheel, accidents can arise that cause serious harm to others on the road. Importantly, under the Arkansas “dram shop rule,” a victim of a drunk driving accident may be entitled to pursue a personal injury claim not only against the intoxicated driver who caused their injuries, but also the establishment that overserved them. Understanding the dram shop rule is essential to ensure all potentially liable parties are identified, and a victim can pursue the full amount of compensation available under the law.
Understanding the Arkansas Dram Shop Rule
The Arkansas dram shop rule is a legal framework for holding a third party accountable for injuries incurred in a drunk driving crash. It allows individuals who have been hurt in drunk driving accidents to pursue legal action against a business that provided alcohol to the person responsible for causing their injuries. Ark. Code Ann. § 16-126-104 specifies that an establishment can be held civilly liable if:
- It sold alcoholic beverages to an intoxicated person;
- The establishment knew or reasonably should have known that the intoxicated person was so obviously intoxicated at the time of the sale that they presented a clear danger to others; and
- The sale was the proximate cause of the victim’s damages.
An establishment can also be held liable under the dram shop rule for knowingly providing alcohol to a minor if serving them was the proximate cause of the victim’s injuries.
Liability Under the Dram Shop Rule
The dram shop rule applies to any Arkansas establishment that holds a liquor license. This can include bars, alcohol vendors, taverns, restaurants, nightclubs, concert venues, sporting venues, caterers, and any other commercial establishments that sell alcohol. However, establishing liability in a dram shop case isn’t automatic. A victim must demonstrate that the alcohol was served when the driver was visibly intoxicated, the staff should have known about the driver’s condition, and the service was the proximate cause of their injuries.
A wide range of evidence can be used to show that an establishment knew that a customer was clearly intoxicated, including the following:
- Receipts and tabs: Receipts, sales records, and tabs can show how many alcoholic beverages the driver consumed. They can be used as evidence to show the establishment knew the driver was intoxicated.
- Surveillance footage: Surveillance footage inside or outside the establishment can show the driver’s physical appearance, behavior, and visible signs of intoxication. It can also be used to prove how many drinks were served and the timeframe in which they were consumed.
- Witness testimony: Testimony from the bartender, server, cashier, security, or other patrons can be used to prove the driver’s level of intoxication. Witness testimony may also be provided by others on the road who observed the intoxicated driver operating their vehicle erratically.
- BAC level: A BAC level above .08% can establish strong evidence of negligence in a drunk driving accident lawsuit.
- Expert witness testimony: An expert witness can provide testimony about various issues to help hold an establishment accountable. Experts may testify about security procedures, liquor licensing, enforcement, visible intoxication, and impairment.
- Prior violations: An establishment’s prior violations may be used to show a history of unsafe service.
By naming all potentially liable parties in a personal injury action, a drunk driving accident victim can ensure full accountability for their injuries and expand the avenues for pursuing monetary recovery. If a victim can prove their dram shop case, they may be entitled to hold the establishment accountable for both the economic and non-economic damages suffered in connection with the accident. Specifically, a victim may be compensated for medical expenses, lost wages, out-of-pocket costs, and the pain and suffering resulting from their injuries.
Contact an Experienced Arkansas Personal Injury Attorney
If you were injured in a drunk driving accident, it’s vital to hold the impaired driver and any responsible third parties accountable for your injuries by filing a personal injury action. Providing unwavering advocacy for the injured and wronged, the Arkansas personal injury attorneys at Caddell Reynolds Law Firm are committed to helping drunk driving accident victims secure the maximum compensation they deserve. If you or a loved one were harmed by an intoxicated driver, contact us today to schedule a free consultation to learn how we can help you and your family rebuild your lives.