OHIO'S LIQUOR LIABILITY LAW PROVIDES MORE COMPENSATION
DRAM SHOP/LIQUOR LIABILITY—OHIO LAW
If you have been seriously injured by a drunk driver, you may have a cause of action for damages against the seller of alcohol who sold intoxicating beverages to the drunk driver. Under Ohiolaw, a person may sue and recover damages from a licensed provider of alcoholic beverages that sells/furnishes alcohol to an intoxicated person under certain circumstances.[1]
A person is entitled to recover against the seller if:
(A) The person suffered injury caused by the negligent acts of the intoxicated person;
(B) The seller or one or more of its employees furnished intoxicating liquor or beer to the patron, after it was known to the seller or any of the seller’s employees that the patron was noticeably intoxicated.[2]
(C) The intoxication of the patron (drunk driver) proximately caused the person’s injuries and damages.[3]
A plaintiff can establish a defendant’s actual knowledge of one of its patron’s intoxication through either direct or circumstantial evidence that the liquor permit holder or it’s employee’s relation to, control over or direction of the patron’s condition was such as to give him actual personal information concerning that condition. A plaintiff can establish a defendant’s actual knowledge of intoxication through direct testimony that the patron in question acted intoxicated or expert testimony that the patron would have given off noticeable signs of intoxication based on the amount of alcohol consumed.[4]
A liquor permit holder has a statutory duty to observe and know when a patron is intoxicated.[5]
I have handled many of these cases and have obtained successful results (see Case Highlights page). It is imperative that you speak with an attorney about potential bar/restaurant liability when you have been seriously injured by a drunk driver. You must be proactive and ask the police if they investigated where the drunk driver consumed alcohol prior to the accident. The police have a responsibility to investigate whether a bar or restaurant owner violated Ohio’s Dram Shop law and, if so, provide you with an additional means of recovering damages for your injuries. Many bars and/or restaurants have large commercial liability policies that provide coverage for your injuries over and above what the drunk driver’s insurance may cover.
You must not hesitate. Act quickly. CALL NOW FOR A FREE CONSULTATION so I can help you obtain additional compensation for your injuries against the seller/furnisher of alcohol.
[1] O.R.C. §4399.18
[2] O.R.C. §4399.18(A)(1)
[3] O.R.C. §4399.18(B)
[4]Sullivan v. Heritage Lounge, 2005-Ohio-4675, Franklin App. No. 04AP-1261;
Bickel v. Moyer (Sept. 29, 1994), Hancock App. No. 5-94-14, 1994 Ohio App. LEXIS 4416;
Hlusak v. Sullivan (Cuyahoga 2000), Cuy. App. No. 74367, 2000Ohio App. LEXIS 2903.
[5] Lesnau v. Andate Enterprises, Inc. (2001),93 Ohio St. 3d 467, 469, Ohio Rev. Code §4301.22.