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What are Dram Shop Laws?
Dram shop laws are legal provisions that hold alcohol providers responsible for injuries that result from the sale of alcohol to someone who is clearly intoxicated or underage. In Louisiana, these laws are particularly stringent and make it easier for victims to receive compensation for their injuries.
Why Do We Need Them?
Alcohol is the leading cause of preventable deaths in the United States. Drunk driving, assault, and other alcohol-related incidents account for thousands of deaths and injuries every year. In many cases, these incidents are triggered by the sale of alcohol to individuals who are already intoxicated. By holding alcohol providers responsible for these actions, dram shop laws can help to reduce the number of alcohol-related injuries and deaths.
What Does Louisiana’s Dram Shop Law Cover?
Louisiana’s dram shop law is governed by Louisiana Revised Statutes, Section 9:2800.1. This law holds alcohol providers, including bars, restaurants, and stores, responsible for injuries that result from the sale of alcohol to someone who is intoxicated or underage.
Under Louisiana’s law, a provider can be held responsible if:
- They sold or provided alcohol to someone who was clearly intoxicated
- They sold or provided alcohol to someone who was underage
- The intoxicated or underage person went on to harm themselves or someone else as a result of their intoxication
It is important to note that the law does not require the provider to actually see evidence of the person’s intoxication. If it is clear that the person was drunk and the provider sold or provided them with alcohol anyway, they can be held responsible for any injuries that result.
How Does the Law Work in Practice?
If someone is injured or killed as a result of an alcohol-related incident, they or their family members can file a claim against the alcohol provider. The claim can be filed even if the provider did not directly cause the injury – as long as they sold or provided alcohol to the person who caused the injury.
The claim must be filed within one year of the incident. If the case goes to court, the injured party must prove that:
- The provider sold or provided alcohol to the person who caused the injury
- The person who caused the injury was clearly intoxicated or underage at the time
- The provider knew or should have known that the person was intoxicated or underage
If the injured party can prove these elements, they can recover compensation for their injuries, including medical expenses, lost wages, and pain and suffering. In extreme cases, punitive damages may also be awarded.
Are There Any Defenses Available to the Provider?
There are a few defenses that a provider can use to defend against a dram shop claim. For example, they may argue that they did not actually serve alcohol to the person in question, or that they had no reason to believe the person was intoxicated. However, these defenses are difficult to prove and are often unsuccessful in court.
Conclusion
Louisiana’s dram shop law is an important protection for both individuals and society as a whole. By holding alcohol providers accountable for the consequences of their actions, the law can help to reduce the number of alcohol-related injuries and deaths. If you or someone you know has been injured as a result of an alcohol-related incident, it is important to speak with a qualified attorney to explore your options for seeking compensation under the law.