Can I Sue a Bar For Serving a Drunk Driver in Pennsylvania?

Can I Sue a Bar For Serving a Drunk Driver in Pennsylvania?

Under Pennsylvania Law, The Dram Shop Law, 47 P.S. Sections 4-493.1 state that any business “violates the law to sell, give, or provide liquor or drinks that are tampered with or brewed, or to allow alcoholic or brewed or alcoholic beverages to be sold, supplemented or given to people who appear drunk “Button.

Furthermore, the Statute Law and the Case Law require that serving people who appear to be drunk must be the cause of injury or damage. “Cause” successfully suing the bar means there must be a causal relationship between the presentation of the drunk driver and the cause of the injury. For example, where a bar serves someone who looks drunk then the person gets into his car and the rear ends 10 minutes later, there is a possible “cause” of damage to be able to sue the bar in a civil case and recover. The further in time to when the injury occurs, makes proof of cause to sue a bar less likely or clear. It need not be the only cause, but “a” cause that without it, would render the injury/damages less likely to occur.

So, in a situation where a person leaves a bar, then causes injury to himself or another person, the bar can be found responsible for civil damages. The damages can include: bodily injury, pain and suffering, wage loss, medical bills, consortium claim of a spouse, loss of life’s enjoyment, future lost earnings.

The key question about whether you can successfully sue … Read the rest >>>

Steps Civil Litigation ProcessWhether you are suing a person or being sued, or getting referred to as as a witness, a lawsuit is a complicated legal process, and it can be complete of unpleasant surprises and frustrating delays. The Rules are incredibly critical because they provide suggestions for every step in the litigation course of action and also set time limits for when certain actions should be completed. Commonly speaking you commence a civil suit by preparing a formal legal document generally known as a claim or statement of claim. It is your lawyer’s responsibility to use motions to come across options to troubles that could arise through the litigation process. Similar to the examination for discovery, they are normally accomplished effectively just before the trial and after the defence and other comparable documents have been filed and served.

Throughout the trial stage of litigation, trial lawyers will identify the strengths and weaknesses of the case, collaborate with clientele and professionals to make a trial theme, develop persuasive arguments, prepare witness testimony, and draft and argue trial motions. A sensible method could be to establish complementary precedents for letters initially notifying of breach and subsequent letters that take genuine actions to resolve the dispute. In asking me concerns please note that I am only licensed to practice law in Ontario, Canada and that my expertise is with the criminal and civil litigation course of action in the province of Ontario.

The Act merely demands that a Respondent’s Genuine Steps statement set out no … Read the rest >>>