Is Serving Alcohol to a Drunk Person at a Bar against the Law? The bar or restaurant that overserved the motorist may be held accountable if the driver causes a car accident and injures someone. That’s true; according to Columbia law, the establishment that overserved the intoxicated driver may owe the individual who was hit money. This case is referred to as a “dram shop law case.”
The clock is ticking; contact a lawyer immediately!
The security camera footage from bars and restaurants is typically deleted after a few days or weeks.
The video proof might only be available for a few days before it vanishes forever. Call an auto accident lawyer Fort Wayne immediately to see whether they can help protect your rights and the evidence.
Letter of Spoliation or Letter of Preservation
An attorney can deliver what is known as a “letter of preservation” or a “spoliation letter” to a pub or restaurant to ensure that they do not erase their camera video. This letter informs the establishment that they must not remove or change any proof, particularly their video recordings.
A skilled attorney can assist in obtaining video evidence demonstrating how a bar served alcohol to a drunk patron in violation of the law. If this video can be found, it will be a significant victory in demonstrating that the bar or restaurant is to blame for the damage the accident caused.
The Basics of Determining Fault and Liability
A drunk driver’s irresponsibility brought on by their alcohol is probably to blame if they hit you. Legally, the intoxicated driver’s actions must be linked with the collision and injuries with certainty. Understanding the fundamental components of a negligence case is beneficial:
- Duty: When you’re driving, you have a responsibility to obey the law, avoid recognised hazards, and generally consider other people’s safety.
- Breach of Duty: Driving while intoxicated, recklessly speeding, and driving too slowly all fall under this category.
- Fact: If the other driver hadn’t been intoxicated, would the injured motorist who a drunk driver struck still be hurt? This part of the analysis focuses on the actual cause of the injuries.
- Proximate Cause: The plaintiff must show that the driver’s impairment was the direct cause of the injuries if the injuries were beyond what the impaired driver could have reasonably predicted.
- Damages: The plaintiff must demonstrate that they had losses, such as a car or bodily injury damage.