Connecticut dram shop laws allow people injured in drunk driving accidents to hold bars, restaurants, and other businesses liable for overserving the driver and contributing to the crash. However, accident victims must meet specific legal requirements for a valid personal claim. If you suffered injuries in a Connecticut drunk driving accident, it’s crucial to understand the state’s Dram Shop Act and how its provisions can affect your case.
What Is the Connecticut Dram Shop Law?
Connecticut’s Dram Shop law holds businesses accountable for serving alcoholic beverages to intoxicated patrons who later harm others. This includes injuries caused by drunk driving crashes those guests cause after leaving the establishment. If a bar, restaurant, or liquor store sells alcohol to someone who is already visibly intoxicated and that person later injures someone, the business may be legally responsible for up to $250,000 for the victim’s injuries and other losses.
Importantly, a liquor seller is not automatically liable under the Connecticut Dram Shop Act simply because they served alcohol to someone who later caused a crash. The law does not allow lawsuits based on negligence when the intoxicated person is 21 or older. In other words, an accident victim cannot sue a business simply for serving liquor to an intoxicated adult who later causes a car accident.
Instead, for the business to be liable, they must have knowingly sold alcohol to someone who was already visibly intoxicated. This means the seller must have been aware that the person was drunk at the time of the sale. Signs like slurred speech, unsteady movement, or aggressive behavior could indicate intoxication. If the business ignored these signs and kept serving, they could be held responsible.
Who Can Be Held Liable for Damages Under Connecticut’s Dram Shop Law?
Bars, restaurants, liquor stores, and other alcohol vendors can all be liable under Connecticut’s Dram Shop law. Other businesses that might be liable include gas stations, sports venues, and other places with a license to sell alcohol.
Social hosts — people who provide alcohol in private settings — are not liable for damages under the Connecticut Dram Shop Act. However, Connecticut has other social host liability laws, particularly concerning underage drinking. A separate Connecticut law makes it illegal for anyone who owns or controls private property to knowingly, recklessly, or with criminal negligence permit a minor to possess alcohol on their property. If a minor consumes alcohol and subsequently causes a serious injury in a traffic crash, the social host can face criminal charges and may be held civilly liable.
What Is Necessary to Prove Liability in a Dram Shop Lawsuit?
Proving liability in a dram shop lawsuit is tricky. Unless the impaired driver was a minor, you must show that the business knowingly sold alcohol to someone who was visibly intoxicated. Some types of evidence that can help you prove liability include:
- Witness testimony – Statements from bartenders, servers, other customers, or bystanders who saw the intoxicated person being served can help prove that they were clearly drunk at the time of the sale.
- Surveillance footage – Many bars and restaurants have security cameras. Video recordings can show signs that someone was intoxicated, such as stumbling, slurred speech, or erratic behavior, before or while they were being served.
- Receipts or transaction records – Credit card statements or bar tabs can show how much alcohol the person purchased and how quickly they consumed it, potentially indicating that the business overserved them.
- Police report – If law enforcement responded to a crash or other incident involving the intoxicated person, police records may include notes about their behavior, blood alcohol content (BAC), and witness statements.
- Medical records or toxicology reports – Hospital records or BAC tests after a drunk driving collision can help establish how the level of the driver’s impairment. High BAC levels may suggest they were visibly impaired when they were served.
- Social media or photos – Posts, pictures, or videos from the drunk driver or others at the establishment may capture visible signs of drunkenness, such as glassy eyes, lack of motor coordination, and rowdy or reckless behavior.
- Expert testimony – Toxicologists or substance abuse experts can testify about how alcohol affects the body and whether a person with a certain BAC level could have shown clear signs of intoxication at the time of sale.
What Sorts of Damages Could Be Sought?
Compensation in a dram shop liability claim could include money for:
- Current and future medical expenses
- Lost income
- Reduced future earnings
- Pain and suffering
- Emotional distress
- Diminished quality of life
Connecticut law limits a business’s liability in dram shop cases to $250,000. However, you could also file a personal injury claim against the drunk driver to seek additional compensation from their insurance company. Talk to a drunk driving accident lawyer to learn more about what your claim might be worth.
Is There a Time Limit for Filing a Dram Shop Claim?
For drunk driving accident victims to pursue compensation under Connecticut’s dram shop law, they must provide written notice to the seller within 120 days of the incident. If the injured person dies or becomes incapacitated, the deadline extends to 180 days. The notice must include details about the sale, the intoxicated person, the injured party, and where and when the injury occurred. Additionally, victims have only one year from the date of the incident to file a car accident lawsuit.
This deadline is separate from the time limits to file a personal injury lawsuit against the drunk driver. Connecticut law gives you two years from the date of an impaired driving crash to sue the driver in most circumstances. A drunk driving accident lawyer can review your case and tell you what deadlines apply to your situation.
Contact a Connecticut Personal Injury Lawyer
At Jainchill & Beckert, LLC, our Connecticut drunk driving accident attorneys are committing to holding businesses accountable when they over-serve customers and contribute to car crashes. With over 55 years of combined legal experience and millions recovered for our clients, trust us to protect your rights and fight for the money you need to rebuild your life. Call now or complete our contact form for a free consultation.
