Dram Shop

Automobile accident litigation frequently includes a claim against a restaurant, bar or liquor store under AS 04.16.010 - .220, the dram shop act. Generally, such a claim arises when a bar or liquor store sells alcoholic beverages to a person who is under the influence of alcohol at the time or is under age. Alaska requires that a purchaser of alcoholic beverages be at least 21 years old.  AS 04.16.051.  A person is considered intoxicated for driving purposes if they have a blood alcohol content in excess of 0.08. AS 28.35.030(a).  

If the person to whom the alcoholic beverage was sold injures a third party while under the influence, the court may impose liability for the third person's injuries on the commercial seller. Dram shop law is a frequently used tool for plaintiff's attorneys when the negligent driver is uninsured or underinsured, because of the additional significant coverage in the case of serious and extensive injuries. 

A good background investigation is critical in these cases as often the first notice of a claim received by the carrier for the vendor is service of the complaint, frequently on the eve of the running of the two-year statute of limitations. By then, there has often been a turnover of staff, memories of serving the customer are dim or non-existent, and other witnesses have disappeared.  This is an area where experience helps.

Our experience in this area has included cases involving:

• Quadriplegia of intoxicated pedestrian served by a package store prior to accident
• Death of one minor and serious injuries to another in a vehicle accident
• Double wrongful death arising from a shooting
• Injuries to a bystander witness to a fight
• Injuries to a patron falling through a trap door into basement liquor storage area