The city of Scranton and the whole of Pennsylvania have long since fought against drunk driving. Driving Under the Influence (DUI) laws are strict, penalties are heavy and police are vigilant.
And yet, DUIs remain a major safety issue in the state. Despite strict regulations and the availability of ride-hailing apps, a lot of people still choose to get behind the wheel while intoxicated.
This kind of negligence puts people like you at risk. If you were injured by a drunk driver, you deserve compensation for someone else’s irresponsible behavior.
In most cases, injured individuals file claims against drunk drivers directly. However, the driver may not be your only option for recovery. Because of the dram shop law, you may also be able to sue the restaurant, bar or caterer that over-served the driver who hit you.
What is Pennsylvania’s dram shop law?
The dram shop law is a statute that holds alcohol-serving establishments responsible for serving alcohol to visibility intoxicated patrons or minors, who then cause injuries to themselves or others.
That said, establishments must identify visibly intoxicated individuals and refuse to serve them any more alcohol. If they fail to do so, they may be liable if a very drunk patron walks out, gets into their car and then crashes into someone.
However, liability can also apply to other injury cases, such as bar fights and assaults.
Who falls within the scope of the law?
The dram shop law applies to any establishment or business with a license to serve alcohol on the premises. Examples include:
- Bars
- Restaurants
- Bar services
- Caterers
- Other services that serve alcohol at events
Hosts of private events are generally not liable under dram shop laws, except in cases involving minors. In such instances, the state’s social host law applies.
What damages can you recover from a negligent business?
Establishments or individuals who violate the dram shop law may be responsible for your damages, such as:
- Medical expenses
- Vehicle damage
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
In some cases, an establishment’s negligence can be so severe that the victim receives punitive damages. These damages are more of a punishment to the establishment rather than compensation.
How can you seek justice for your injuries?
It is crucial to file a personal injury claim as soon as possible. Collect all evidence you can get, such as dash cam footage, CCTV recordings, witness statements and police records. Moreover, consider talking to an attorney who can guide you through the legal process and fight for your right to fair compensation.