Drunk driving accidents can have devastating consequences. To help reduce the number of alcohol-related crashes, Washington has a dram shop law that holds businesses accountable if they serve alcohol to someone who is visibly intoxicated or underage. If that person causes an accident or injury, the establishment can be held legally responsible.
What Is Washington’s Dram Shop Law?
Under Washington State’s dram shop law, any business that serves alcohol, such as bars, restaurants, and nightclubs, must avoid selling alcohol to people who are already intoxicated. If they do, and that person causes harm, the business can face a lawsuit. The law also applies to businesses that sell alcohol to minors.
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Signs of Intoxication
Recognizing intoxication is not always simple, but businesses with liquor licenses are required to train staff to identify common signs. These include:
- Slurred or slow speech
- Difficulty walking or standing
- Bloodshot or watery eyes
- Delayed reaction times
- Overly emotional or aggressive behavior
- Poor coordination
Bartenders and servers should pay attention to how much a customer drinks and how strong the drinks are. If a customer shows clear signs of intoxication, they should be cut off from further alcohol service.
Types of Dram Shop Cases
There are two main types of dram shop claims in Washington: first-party and third-party claims.
First-Party Claims
First-party claims happen when the intoxicated person sues the establishment for overserving them. In Washington, these cases are rare and usually apply only when a minor is involved. If a bar serves alcohol to a minor and that minor gets injured, they may have a case against the establishment.
Third-Party Claims
Third-party claims are more common. These cases happen when an intoxicated person harms someone else, such as in a drunk driving accident. If the person was overserved at a bar or restaurant, the injured party can sue the establishment for damages.
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Proving Liability in a Dram Shop Lawsuit
To hold a business responsible under Washington’s dram shop law, certain factors must be proven:
- The Business Served Alcohol to Someone Who Was Visibly Intoxicated – This means the person showed obvious signs of drunkenness when they were served.
- The Business’s Actions Led to the Harm – The plaintiff must show a direct connection between the business’s decision to serve alcohol and the injury or accident that followed.
- The Plaintiff Suffered Damages – This could include medical bills, lost wages, pain and suffering, or wrongful death.
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Dram Shop Law vs. Social Host Liability
Washington’s dram shop law applies to businesses that sell alcohol, but a different rule applies to private individuals who host parties. Social host liability laws hold people responsible if they serve alcohol to minors at a private event. However, unlike businesses, social hosts are generally not liable for serving alcohol to adults who later cause harm.
Seek Legal Help With Murphy Trial Law
If you or a loved one was injured by an intoxicated person, you may have legal options. Washington’s dram shop law allows victims to seek compensation from businesses that serve alcohol irresponsibly. To learn more about your rights, call Murphy Trial Law at (425) 835-2614 for a free consultation.
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