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Drunk Driving Accident And The Indiana Dram Shop Act

If you have been involved in an accident caused by a drunk driver the person who supplied the intoxicated driver alcohol may be liable if they over-served the driver. The Indiana Dram Shop Act states that if a bar furnishes alcohol to a visibly intoxicated person then they could be liable, pursuant to statute, if that intoxicated person goes out and seriously injures someone. These cases require that all of the requirements be met in order to succeed. In order to be liable the bar or brewery must:

  1. “furnish” the alcohol;
  2. to a person who is “visibly intoxicated”; and
  3. the intoxicated person seriously injures someone

While most of these cases involve bars and restaurants, other people or party hosts can be found in Indiana Dram Shop Actviolation of the DRAM Shop Act. A recent example is the Centerplate Case in Indiana where the Court ruled that the liquor vendor for Lucas Oil Stadium can be liable under the DRAM Shop Act. In other cases, a liquor store could be liable for selling alcohol to a visibly intoxicated person. IT would follow that a Brewery could be liable under the DRAM Shop Act as well, especially on Sundays when they are the only establishment you can purchase alcohol and take it home.

It’s no secret that “Indiana Blue Laws” (no alcohol sales on Sundays) have been a controversial issue within the State for many years. Additionally, with the increased popularity and success of Indiana Sports Teams such as the Indianapolis Colts there has been an even more significant push towards repealing these outdated laws. Indiana Code Section 7.1-3-2-7 (I) states that a Brewery may, “sell the brewery’s beer as authorized by this section for carryout on Sunday in a quantity at any one (1) time of not more than five hundred seventy-six (576) ounces.” Let’s do the math, 576 ounces is the equivalent of forty-eight (48) twelve (12)-ounce beers or two cases of beer! A “growler” is generally 64-ounces and can cost around $5.00 to purchase. Once the “growler” has been purchased many establishments will fill it for $5.00 to $10.00 depending on the type of beer you wish to purchase.

According to MADD, in Indiana almost 200 people were killed by drunk drivers and almost 2400 were injured by drunk drivers in the most recent year.  Bars and Restaurants have traditionally been held negligent for over serving people and other businesses like Stadium Vendors, Liquor Stores and even Breweries can be held in violation of the DRAM Shop Act as well. If you or a loved one has been seriously injured by a drunk driver contact the Law Office of William Hurst for a free consultation.

Indiana Dram Shop Act

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It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Case Worth

As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

Why Hire?

Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

Medical Bills

If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of William W. Hurst and learn if we may be able to help.

Recovery

After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney