If you were driving home one night and were hit by a drunk driver, whom would you sue? Some people who were injured by a drunk driver are choosing to sue the bar or restaurant that served the drunk driver alcohol. These cases are called “Dram Shop” cases. Injured parties sue the bar because they enabled a driver or over served someone too much alcohol. These cases are not easy to prove, but they can be won in Missouri.
The Missouri Statute lists three main parts in Dram Shop cases. The first restriction is that the suit has to be filed by the person who suffered the injury or on the behalf of someone who died in the accident. The second restriction is that the case must be filed against the person that is licensed to sell alcohol at the bar or restaurant. The third restriction is that there must be clear evidence that the bartender or seller knew that the person was intoxicated and proceeded to give that person more drinks. It can be hard to prove because it relies so much on personal testimonies.
The first step in making this case is to find out where the person was served alcohol, and it may be hard to find people to volunteer that information. Even more difficult than that is finding proof that the person driving the vehicle was noticeably intoxicated. This is hard because you have to find someone who remembers the driver drinking at the bar, and then the person must be willing to testify in court. Because this is so difficult, many times these types of cases use breathalyzer tests and a toxicologist’s testimony to prove that the person driving was visibly intoxicated. A lot of times, the drunk driver may not have insurance, and if he or she does, it is very little.
In most cases, it is not enough to cover the damages of the injured party. This is why the person that was injured may consider filing a claim again the bar or restaurant serving the alcohol. Recently in Missouri, the court ruled that the visible intoxicated part of the law could be proven without direct evidence. Because of this, an eyewitness’s testimony is not required in Missouri.
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