Indiana Dram Shop Act

Indiana Dram Shop Act

Indiana Dram Shop Laws

If you’ve ever been injured or suffered property damage due to the actions of an intoxicated person, you may have heard of the Indiana Dram Shop Act. This act is a type of civil liability legislation that holds certain parties responsible for their actions in serving alcoholic beverages. By understanding the Indiana Dram Shop Act, both individuals and businesses can navigate the legal framework surrounding Dram Shop liability and ensure they are protected.

drunk driver holding a beer bottle and the steering wheel, impaired driver

Understanding the Indiana Dram Shop Act

The Indiana Dram Shop Act, also known as Indiana Code section 7.1-5-10-15.5, was passed in 1986. It applies to a wide range of establishments, including bars, clubs, restaurants, and even social hosts who serve alcohol to guests.

Under this act, if a person “furnishes” an alcoholic beverage to someone who is visibly intoxicated and that person’s intoxication is the proximate cause of injury or property damage suffered by another party, the person who provided the alcohol can be held liable for damages.

This act not only applies to commercial establishments such as liquor stores and convenience stores but also extends to individuals who serve alcohol to others. It is important to note that the term “furnish” includes various means of providing alcohol, such as selling, delivering, exchanging, providing, or giving it away.

The Indiana Dram Shop Act establishes civil liability for those who serve alcohol to visibly intoxicated individuals, making them responsible for the consequences of their actions. This legislation aims to hold accountable those who contribute to the occurrence of accidents, injuries, or property damage caused by intoxicated persons.

While dram shop liability laws vary from state to state, they all share the common goal of promoting responsible alcohol service and reducing the harm caused by intoxicated individuals. By understanding the essence of dram shop laws, individuals can better navigate their rights and options in the event of a drunk driving incident or other alcohol-related harm.

Who is Affected by Indiana Dram Shop Law?

The Indiana Dram Shop Act outlines key responsibilities for those serving alcohol, aiming to reduce alcohol-related incidents. Affected groups include:

  • Social hosts: Those hosting events with alcohol may face liability if they serve visibly intoxicated guests who then cause harm. Social host liability laws are generally less strict than those for commercial establishments.
  • Commercial establishments: Venues like bars, restaurants, and clubs are accountable under this act if they provide alcohol to visibly intoxicated patrons who subsequently injure others or cause property damage.
  • Liquor stores: Retailers selling alcohol, including liquor and convenience stores, are also liable if they sell to visibly intoxicated individuals, leading to harm or damage.

All involved should prioritize responsible alcohol service to align with the act and avoid legal repercussions, enhancing safety and reducing risks.

Criteria for Liability Under the Indiana Dram Shop Act In Indiana

Certain criteria must be met to establish dram shop liability under the Indiana Dram Shop Act. These criteria include:

  1. Visibly intoxicated person: The person who receives the alcohol must be visibly intoxicated at the time the drink is provided. Signs of intoxication may include unsteady walking, slurred speech, and other observable indicators.
  2. Proximate cause: The intoxication of the person who receives the alcohol must be the proximate cause of death, injury, or property damage suffered by another party. Proximate cause refers to the direct cause-and-effect relationship between the intoxicated person’s actions and the harm caused.
  3. Dram shop claim: A dram shop claim can be filed against the individual or establishment that provided the alcohol if the above criteria are met. This claim holds them legally responsible for the consequences of their actions.

By meeting these criteria, a plaintiff can establish liability and seek compensation for damages caused by the actions of a visibly intoxicated person. It is important to consult with a personal injury lawyer experienced in dram shop cases to navigate the legal complexities and ensure the best possible outcome for a dram shop claim.

How the Dram Shop Act Supports Victims Of Drunk Driving Accidents

The Indiana Dram Shop Act supports victims of drunk driving incidents by allowing them to pursue compensation for their losses. Some ways in which the act supports victims include:

Personal injury compensation: Victims can seek compensation for their physical injuries, emotional distress, pain and suffering, and other damages resulting from the drunk driving incident.

Medical expenses: Victims may be able to recover the costs of their medical treatment, rehabilitation, therapy, and any ongoing healthcare needs.

Property damage: If the drunk driver caused damage to the victim’s property, such as their vehicle, the act allows for compensation for the repair or replacement costs.

Punitive damages: In certain cases where the actions of the drunk driver or establishment were particularly egregious, the act may allow for punitive damages on top of compensatory damages.

By providing avenues for compensation, the Indiana Dram Shop Act aims to alleviate the financial burden placed on victims of drunk driving incidents and hold all responsible parties accountable for their actions.

Suing for Personal Injury and Dram Shop Liability

If you’ve been injured by a drunk driver who was over-served at an establishment, you have the legal right to pursue compensation through multiple avenues. Firstly, you can file a personal injury claim directly against the drunk driver responsible for the injuries you’ve suffered. This claim focuses on holding the individual accountable for the negligent actions leading to the accident. Additionally, under the Indiana Dram Shop Act, it’s possible to bring a claim against the establishment that served alcohol to a visibly intoxicated individual. This act recognizes the role that negligent service of alcohol can play in contributing to the damages incurred by victims. Therefore, victims of such incidents have the opportunity to seek legal recourse from both the individual causing the harm and the establishment that enabled the intoxication.

drunk man holding his keys while seated at a bar with a beer in front of him. This shows a violation of the Indiana Dram Shop Act.

How Our Lawyers Can Help

At our firm, we are dedicated to assisting victims of drunk driving and dram shop liability cases in securing the compensation they rightfully deserve. We are experts in Indiana’s dram shop law and will fight for justice for you.

Here is how our legal team can support you through this challenging process:

Expert Legal Advice

Our lawyers possess extensive experience in Indiana dram shop liability and personal injury law, ensuring you receive expert advice tailored to the specifics of your case. We navigate the legal complexities on your behalf, focusing on establishing liability and maximizing your compensation.

Comprehensive Case Evaluation

We conduct a thorough evaluation of your case, gathering and analyzing all relevant evidence to build a strong foundation for your claim. Whether it’s collecting eyewitness testimonies, surveillance footage, or medical records, our team leaves no stone unturned.

Negotiation with Insurance Companies

Dealing with insurance companies can be daunting and confusing. Our attorneys are skilled negotiators who will advocate for your best interests, aiming to secure a fair settlement that covers your financial, physical, and emotional damages without the need for a trial.

Representation in Court

Should your case proceed to trial, our seasoned trial lawyers are prepared to represent you robustly in court. We articulate a compelling narrative of your plight, employing persuasive legal arguments to hold the responsible parties accountable.

Support and Guidance Throughout the Process

Beyond legal representation, we offer emotional support and guidance throughout the legal process. We understand the trauma and stress associated with such incidents and strive to make the legal process as smooth and stress-free as possible for our clients.

By entrusting our legal team with your case, you gain a partner committed to advocating for your rights and securing the justice and compensation you deserve.

Contact Doehrman Buba Ring Today

If you or a loved one has been injured in a drunk driving incident and believe that the establishment or individual who served alcohol may be at fault, contact Doehrman Buba Ring today. Our team of experienced personal injury lawyers specializes in dram shop claims and can help you seek the compensation you deserve under the Indiana Dram Shop Act. Contact us today for a free consultation to discuss your case and learn more about your legal options. 

Need Legal Help?

Contact Us Today

If you or a loved one has been injured and you need legal assistance, contact Doehrman Buba Ring for a free consultation. Our experienced Indiana personal injury attorneys are here to help you navigate your case and secure the compensation you deserve.

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