When a drunken driving accident occurs in Pennsylvania, the allegedly intoxicated driver may be held liable for any injuries or deaths that occur as a result. However, prior to the accident, if a bar or other alcohol-serving establishment over-served this person even though he or she was obviously intoxicated, this establishment may also be held liable. One man in another state recently filed a dram shop lawsuit, blaming an establishment for over-serving a customer before this individual caused a car wreck.
According to the complaint, the establishment sold a man alcohol beverages, which made him visibly intoxicated. The man then entered his vehicle in the business's parking lot. The plaintiff said he stood near the man's vehicle and attempted to discourage the drunken patron from driving while under the influence of alcohol.
The man, however, reportedly decided to drive while intoxicated anyway. The plaintiff said the man ended up backing up his car and caused the inside part of the driver side door to hit the plaintiff, knocking him down. The man's automobile then ran over the plaintiff's body before striking another car and fleeing the scene.
The plaintiff who accused the establishment of over-serving a customer said the business was negligent and demonstrated a conscious disregard for other people's safety. In his dram shop liability lawsuit, he is seeking over $50,000 in damages plus suit costs. Competent proof of negligence on the part of the alcohol-serving establishment is needed in order for the plaintiff to prevail in this type of lawsuit in Pennsylvania.
Source: madisonrecord.com, "Our Place sued over alleged Dram Shop liability following parking lot accident", Robbie Hargett, Sept. 24, 2015