One in seven serious injury crashes in Tennessee in a recent 12-month period involved a drunk driver, and half of DUI accidents statewide resulted in injury or death, according to the Tennessee Department of Safety and Homeland Security. While an individual hurt in an accident caused by a drunk driver has the right to pursue a claim against the at-fault driver to recover compensation, Tennessee’s dram shop law may also entitle them to seek compensation from the party who sold alcohol to the drunk driver.
What Is a Dram Shop Law?
The Tennessee dram shop law, Tenn. Code Ann. § 57-10-102, holds individuals and businesses liable for the injuries and losses that intoxicated patrons – including drunk drivers – cause. Like many other states, Tennessee has established a standard for when a business can be held liable for serving alcohol to someone who drives drunk and causes an accident with injuries or otherwise injures someone while they are under the influence of alcohol after being overserved.
Dram Shop Laws in Tennessee
The dram shop law in Tennessee allows an accident victim or their survivors to bring a lawsuit against a business or vendor if they:
- Sold alcohol to someone who was visibly intoxicated or known to be under 21, and
- The consumption of alcohol directly caused the victim’s injuries or death
These elements must be met to pursue a successful dram shop liability case. Visible intoxication can be difficult to prove. For a busy bartender who may see hundreds of patrons each night, it may be challenging to keep track of how many drinks someone has had or observe a customer’s level of intoxication. However, our experienced personal injury attorneys can obtain witness statements, police reports, and other evidence establishing that the customer was drunk and the establishment continued to serve them.
In addition to these requirements, Tennessee law applies the “beyond a reasonable doubt” standard from criminal law to dram shop cases. Specifically, the necessary causation element for a viable dram shop case must be found beyond a reasonable doubt – a higher standard than that typically used in other civil cases. In other words, the burden of proof is higher in dram shop cases compared to other personal injury claims.
When Can You File a Dram Shop Claim?
Dram shop claims are most often associated with drunk driving, and many such claims arise from accidents involving drunk drivers. However, dram shop laws do not apply only to motor vehicle accidents. Any injury caused by a drunk person could result in a dram shop claim.
Get Help from Our Tennessee Car Accident Lawyers
At The Terry Law Firm, we hold alcohol vendors accountable for the harm that results from them serving minors or already intoxicated customers. If a drunk driver injured you or your loved one after they were overserved, you may have a valid dram shop claim. We are ready to review the facts and circumstances that led to the incident, including the sale of alcohol, to develop a strong case for you.
Contact us today to get started with a free consultation with our personal injury attorneys.
