Dram Shop Claims: Injuries Caused by Serving Alcohol

When someone is hurt by a person who had too much to drink, the first question is usually about the drinker. In some situations, though, the law may also look at the bar, restaurant, or store that sold or served the alcohol. Claims of this kind are often called "dram shop" claims. This guide explains the basic idea, why the rules depend so much on your state, and what you can do to protect your options.

What "dram shop" means

"Dram shop" is an old term for a place that sold alcohol by the small measure, called a dram. Today the phrase is used for laws and legal claims about the responsibility of businesses that sell or serve alcoholic drinks.

The general idea is simple. A business that serves alcohol may, in some states and in some situations, share responsibility for harm caused by a customer it served. A common example is a customer who was visibly drunk, kept getting served, then drove and caused a crash. Another example involves serving someone who was under the legal drinking age.

Whether a claim like this exists at all, and what has to be proven, is set by state law. There is no single national dram shop rule.

Why state law matters so much

Each state decides for itself whether, and how, a seller of alcohol can be held responsible. Some states have a specific statute. Some rely on court decisions. Some limit these claims sharply. The details can differ on points such as:

• Whether the customer had to be visibly intoxicated when served
• Whether the rules are different for serving minors
• Who is allowed to bring a claim, such as an injured stranger, a passenger, or a family member
• Whether private hosts, such as someone throwing a party at home, can ever be responsible (often called "social host" liability)
• Whether there are limits on the amount that can be recovered
• How long you have to file

Because of these differences, an article like this one cannot tell you whether you have a claim. It can only help you understand the questions a lawyer in your state will ask. State laws are applied in state courts; the USAGov courts page explains how federal, state, county, and municipal courts fit together.

Dram shop claims and other claims

A dram shop claim usually sits next to other claims rather than replacing them. After a drunk-driving crash, for example, there may be a claim against the driver and the driver's insurance. A dram shop claim, where it is allowed, adds the question of whether the business that served the driver also broke a rule.

There may also be a criminal case against the drinker. A criminal case and an injury claim are separate. The criminal case is brought by the government, and the injury claim is brought by the person who was hurt or their family. The result in one does not automatically decide the other.

A personal injury lawyer can look at all of the possible claims together. You can read more about this area on our personal injury practice page.

Evidence that often matters

Dram shop claims tend to depend on facts that can disappear quickly. If you were hurt and think alcohol service played a part, the following kinds of evidence may be important:

• Where the person was drinking. Names of bars, restaurants, or stores, and the approximate times.
• Receipts and card records. Bar tabs and payment records can show what was ordered and when.
• Video. Many businesses have security cameras, and recordings may be kept only for a short time.
• Witnesses. People who saw how the person acted while being served.
• Police and accident reports. These may note signs of intoxication and test results.
• Medical records. Your own records showing your injuries and treatment.

You do not have to collect all of this yourself. A lawyer can send requests asking a business to keep its records and video. The sooner that happens, the better the chance the evidence still exists.

Deadlines are set by state law

Every state has deadlines for filing injury claims, often called statutes of limitations. Some states also have special notice rules for claims against alcohol sellers. These deadlines can be short, and missing one can end a claim even if the facts are strong. Ask about the deadline early, at your first conversation with a lawyer.

What to ask a lawyer

When you talk to a lawyer about an injury that may involve alcohol service, consider asking:

• Does our state allow claims against a business that served alcohol?
• What would need to be proven in a case like mine?
• What evidence should be preserved, and how quickly?
• What is the filing deadline, and is there any notice requirement?
• How are fees charged, and which costs are separate from the fee?
• Who will handle my case day to day?

Many injury lawyers work on a contingency fee, which means they are paid a share of any money recovered. Ask for the fee terms in writing.

If you cannot afford a lawyer

If money is a concern, start with the USAGov legal aid page. It lists programs that offer free legal advice and help finding free or low-cost attorneys, and it notes that personal injury is among the civil law issues some programs help with. The broader USAGov laws and legal issues page is another starting point.

Frequently asked questions

Can I sue a bar if a drunk driver hit me?

It depends on your state. Some states allow claims against businesses that served alcohol in certain situations, and some limit them. A lawyer licensed in your state can tell you whether the rules apply to your facts.

Does the bar have to know the person was drunk?

Many state rules look at whether the customer showed signs of intoxication when served, but the exact standard varies. This is one of the first things a lawyer will check.

What if the alcohol was served at a private party?

Some states treat private hosts differently from businesses, and the rules for serving minors may be stricter. Ask a lawyer how your state handles social host situations.

How long do I have to file?

Deadlines are set by state law and can be short. Some states add notice rules for claims against alcohol sellers. Ask about deadlines as early as you can.

Related: Browse guides on legal topics.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.