Nearly one in three Americans will be involved in an alcohol-related crash at some point in their lives, according to data from the National Highway Traffic Safety Administration. In Pennsylvania, as in many other states, the law recognizes the fact that there is often more than one at-fault party in a drunk driving accident. Under a Pennsylvania statute known as the "dram shop law," business establishments and social hosts may be held liable when they serve alcohol irresponsibly to someone who later causes an injury.
Business Establishments
Pennsylvania law prohibits bars and other business establishments from serving alcohol to anyone who is clearly and visibly intoxicated, or to anyone under the age of 21 regardless of intoxication. Business owners or employees who violate that law can be held responsible for any injuries that occur resulting from the behavior of individuals who have been illegally served. This provides accident victims with a wider range of options for recovering damages, while also creating an incentive for business owners to adopt and enforce responsible alcohol service policies.
Social Hosts
Adults who serve or provide alcohol to a minor in a social setting may also be held liable under the dram shop law for any injuries caused by the minor's intoxication or impaired driving. A social host who knowingly furnishes alcohol to anyone under the age of 21 may be held liable for injuries resulting from the minor's intoxicated behavior, even if the minor did not already appear to be intoxicated when he or she was served. Unlike business establishments, however, social hosts cannot generally be held liable for injuries caused by the intoxication of their adult guests.
Injuries to the Intoxicated Person
Pennsylvania law is unusual in that it holds business establishments and social hosts liable for an intoxicated person's own injuries, as well the injuries that he or she causes to third parties. This is means that a person who is injured while driving under the influence may be able to recover damages in a lawsuit against the person or business that provided alcohol to him or her illegally.
If you or a loved one has been injured in a drunk driving accident, an attorney with experience in personal injury law can answer your questions and fight to defend your rights in court, should you decide to pursue a legal claim.
