When a car accident involves an impaired driver, many might assume the driver is at fault. While that is true in most cases, there are certain situations where bars and restaurants may be liable as well. Connecticut law holds these businesses accountable if they serve alcohol to someone who is clearly drunk, especially if this customer causes any injuries afterwards.
What are the conditions for liability?
The state’s Dram Shop Act applies to various establishments, including bars and nightclubs, restaurants that serve alcohol, liquor stores and any other business licensed to sell alcoholic beverages.
For a claim to be valid under this law, you must prove that:
- The business sold alcohol to the driver, who should have been visibly intoxicated. Signs of intoxication might include slurred speech, unsteady walking or loud behavior.
- The driver caused the accident and injury as a result of their intoxication. Police reports, breathalyzer tests or witness statements can serve as evidence.
- There was a direct link or “proximate cause” between the alcohol sale and the injury. This means the accident happened soon after the driver left the business, without drinking anywhere else in between.
The burden of proof falls on the injured party. Proving dram shop liability can be difficult, since it involves demonstrating the intoxication level of the person who caused the injury and linking it directly to the business’ actions. An attorney can help you gather evidence and build a strong case.
What are the limitations?
While the Dram Shop Act provides a way for injured parties to seek compensation, it limits recoverable damages to $250,000 per person or $250,000 total for all persons injured in a single incident. There are also strict deadlines. Injured parties must provide written notice of their intention to file a claim within 120 days of the incident, or 180 days in case of death or incapacity. They must then file their lawsuit within one year of the incident.
Get clarity on your options
The Dram Shop Act provides certain protections, but understanding how it applies to your case can be difficult. An attorney can help you assess your situation and potential courses of action.
