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Dram Shop Liability

A drunk driving accident can be a traumatic experience with far-reaching consequences. Even if a drunk driving accident victim is awarded compensation, the intoxicated driver’s insurance is all too often insufficient to cover the full extent of the damages. This can leave the victim saddled with large medical and repair bills by no fault of their own. However, few people realize that in many cases, liability in a drunk driving accident actually begins with the establishment that served the alcohol to the driver.

When a tavern or liquor store provides alcohol to a minor or a patron who is clearly intoxicated, they can fall under the Iowa dram shop liability statues which state that the provider of the alcohol shares liability for any damages caused in a subsequent drunk driving accident. If you have been injured by a drunk driver and need help fighting for compensation, contact a Des Moines auto accident lawyer of LaMarca & Landry, P.C., today at 877-327-2600.

What Constitutes Illegal Sales?

There are two key circumstances in which a dram shop can be held responsible for a drunk driver’s actions. The situations in which a dram shop makes an “illegal sale” include:

  • Serving a Minor – if a tavern or liquor store knowingly provides alcohol to a minor, dram shop liability can apply
  • Serving the Visibly Drunk – if the serving party knew, or should have known, that an individual was significantly impaired yet served them anyway, they can share the liability for a subsequent drunk driving incident

Under dram shop liability laws, the establishment selling the alcohol is considered responsible for creating a hazardous situation directly contributing to the accident.

Contact Us

If you or someone you love has been injured in a drunk driving accident, a knowledgeable Des Moines car accident lawyer from LaMarca & Landry, P.C., may be able to demonstrate that the establishment that served the drinking driver was negligent, allowing for a much more favorable settlement. Call our offices today at 877-327-2600 to schedule a free consultation.

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© Copyright 2008-2009 LaMarca & Landry, P.C. At LaMarca & Landry, P.C., serving the state of Iowa, our team can help if you require legal assistance. We handle cases involving car and other motor vehicle accidents.
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