Connecticut ranks fourth in the nation for drinking and driving crashes. If you or a loved one were injured in an accident caused by a drunk driver, you rightly want to hold every responsible party accountable for their actions. In Connecticut, this may include the restaurant, bar, or anyone else that knowingly overserved a patron who later caused an accident. However, restaurants, bars and others are only responsible for overserving patrons in specific instances. How do you know whether a restaurant, bar, or others can be held liable for your injuries? Our New Haven County lawyers discuss Connecticut’s dram shop laws and when you may be eligible to collect damages from a restaurant, bar or others for overserving a patron who causes an accident.

What is a Dram Shop?

A dram shop is any licensed venue that sells alcoholic beverages, such as a bar, restaurant, brewery, or liquor store. “Dram” refers to a 19th-century era unit of measurement commonly used for alcohol. Dram shop laws specify a restaurant, bar or any other purveyors of alcohol liable for accidents caused by intoxicated patrons.

Connecticut Dram Shop Laws

The goal of Connecticut’s dram shop laws is to hold alcohol sellers accountable for knowingly overserving patrons who pose a danger to themselves and others. A bar, restaurant, liquor store, or other purveyors of alcohol may be held liable for injuries and damages caused by a patron if it serves alcohol to someone who is visibly intoxicated. These guidelines are detailed in General Statutes § 30-102. According to the law, if a person (or a person’s agent) sells an alcoholic beverage to an intoxicated person who then causes damages or injuries to someone else, the seller may be liable for damages to the injured party at a maximum of $250,000 in the aggregate. For a restaurant, bar or any other purveyor of alcohol to be responsible for damages according to these dram shop laws, four elements must be in place:

1. The patron was visibly or knowingly intoxicated.
2. The commercial establishment served alcohol to the patron despite visible signs of intoxication.
3. The patron later caused an accident with injuries.
4. The primary cause of the accident was the patron’s intoxication.

Signs of Intoxication for Dram Shop Liability

For Connecticut’s dram shop laws to apply, the patron must have been visibly or perceivably intoxicated at the time of the sale. According to Connecticut law, intoxication is an “abnormal or physical condition” manifesting as “visible excitement of the mind or loss of control of physical actions.” External signs of intoxication could include (but aren’t limited to) slurred speech, vomiting, glassy eyes, and trouble with basic motor functions. The patron’s physical behavior may also indicate intoxication. These behaviors could include aggression, confusion, drowsiness, or boisterous behavior.

Proving Visible Intoxication

Proving a patron was visibly intoxicated immediately before the accident is complicated, which is why it’s essential to work with a New Haven County attorney to help establish your case. We will gather security footage, take eyewitness statements, speak to staff, and record testimonies to indicate that the patron was visibly intoxicated and knowingly overserved before causing the accident. Physical evidence can be used to prove intoxication, such as receipts with timestamps and financial records indicating alcohol consumption immediately before the accident. The toxicology report is another vital piece of evidence, which includes the patron’s BAC level at the time of the accident.

Examples of Dram Shop Cases

Here are some common examples when Connecticut Dram Shop Laws would be applied to damages and injuries caused by an intoxicated patron:

Drunk Driving Accidents

Drinking and driving is the most common scenario where a restaurant, bar or other purveyor of alcohol would be responsible for the damages caused by a drunk patron. An example would be a bartender who continues to serve a patron who displays physical signs of intoxication (such as slurred speech, motor skill impairment, or disruptive behavior), who causes an accident later that same evening.

Assaults

Restaurants, bars, and other purveyors of alcohol may also be liable for injuries caused by assaults or fights that break out with an intoxicated person and other patrons at the establishment.

How to File a Dram Shop Law Claim

To hold a dram shop responsible for damages and injuries related to your accident, you’ll need to notify the alcohol seller within 120 days of the accident. If a death or incapacity occurred, you have 180 days to inform the seller of your claim. Dram shop law damages are capped in the aggregate at $250,000 for most cases. However, cases involving recklessness do not have a cap on damages. This case must be filed within one year from the date of service of alcohol

. Your New Haven County attorney will ensure your claim is filed correctly and meets all relevant deadlines.

Moore, O’Brien & Foti: New Haven County Car Accident Lawyers

There are only certain instances where a restaurant, bar or others are responsible for damages and injuries caused by a drunk patron. That’s why it’s imperative to work with a New Haven County lawyer, like our team at Moore, O’Brien & Foti, to hold every party responsible for you or your loved one’s injuries due to a drunk driver. We’ll conduct a thorough investigation to determine whether the restaurant knowingly overserved the guest who later caused the accident. Call our office today at 203-586-0022 for a free consultation to discuss your case.