Part 3 – Alabama’s Dram Shop Act (additional considerations)
But no one forced them to drink alcohol or get drunk!
Under Alabama’s Dram Shop Act, consent (the voluntary consumption of alcohol) is not a defense to liability. There are two primary reasons for this: 1) the person suing under the Act is not the one who drank the alcohol; and 2) the Act is intended to deter businesses from over-serving their customers. Think of it this way – the more alcohol a business sells, the more money it makes. The business, not the intoxicated customer, is responsible for deciding when enough is enough.
What damages are available?
Someone who is injured may recover both compensatory and punitive damages from a business that has violated the Dram Shop Act. Compensatory damages cover such things as medical bills, lost wages, and pain and suffering. Punitive damages are intended to punish the liable business for what it did or to deter it from doing the same thing again in the future. A spouse, child, or parent of the injured person also may recover damages for their loss, to include loss of support.
If you or a loved one has been injured by an intoxicated driver, a restaurant or store may be liable for your resulting injuries. At The Ryder Law Firm, we have been assisting the victims of alcohol-related injuries for over 20 years. Contact us today. We care and we will help!
(To be continued)