The majority of personal injury cases involving accidents have two primary parties- the victim who has been injured and the individual who caused the injury. In dram shop cases, however, the injured individual is seeking damages from someone else, specifically an alcohol vendor who gave or sold alcohol to the person who ultimately caused the injury. While other states may allow liability to be applied to someone who sells or provides alcohol to a person who later causes an accident, there are strict limits in California.
You may need to consult with your experienced personal injury attorney to determine whether or not any third parties are responsible for your accident. Sharing the details with an experienced lawyer immediately helps to eliminate confusion and ensure that you have explored all possible avenues for resolution.
California law has significant limits on liability for dram shops. Any vendor who provides alcohol to someone aged 21 years or above cannot be held responsible for damages if the individual then injured someone else, even if the person responsible for the accident was previously intoxicated at the time. There is one minor exception to this rule under the California Business and Professions Code Section 25602. For this reason, it can be said that California’s dram shop law has restrictions for someone pursuing an injury claim.
This involves civil cases where an alcohol vendor has continuously served alcohol to an intoxicated individual under the age of 21 who later causes injury to someone else. In many cases involving liability for personal injury cases with alcohol involved, the injured individual will need to pursue a case against the person who caused the accident. To learn about how this can impact your case and what’s typically involved in a drunk driving accident case, speak to a personal injury attorney.
SENIOR PERSONAL INJURY ATTORNEY & FIRM FOUNDER
Michael Pines is a former insurance company attorney who graduated from the University of California Hastings College of the Law in 1987. While he was an insurance attorney, he learned from behind the scenes how insurance companies work and how they decide how much to pay injured people. Now that he works against insurance companies, Michael’s inside knowledge has resulted in significant benefits to his clients injured in car accidents. Learn more about Michael Pines