Dram Shop Claims

Injuries from Impaired and Intoxicated individuals

If someone who was intoxicated or impaired caused your injury, like a drunk driver or drunken brawler, then you might have a claim against the company or business that served alcohol to the drunk driver or brawler. Massachusetts law holds taverns, bars, nightclubs, restaurants, and even liquor stores liable if they serve or sell alcoholic drinks to a person who shows visible signs of impairment or intoxication if that person causes an injury to another person or property as a result of the impairment.

If you have been hurt or injured as a result of an impaired person, call the personal injury attorneys at Brabant & Huynh LLP serving Quincy and Dorchester and we will review your case and counsel you with regard to any compensation you may be entitled to and legal issues you should be aware of. The personal injury attorneys at Brabant & Huynh LLP will protect your rights as we investigate your case to determine all of the responsible parties. The skilled attorneys at Brabant & Huynh LLP will be by your side and help you through this difficult situation: all you have to do is call us at 617-934-0913.

Massachusetts Dram Shop Law

Under Massachusetts Generals Laws 138 § 69, no alcoholic beverage shall be sold or delivered on any premises to an intoxicated person. Waiters, bartenders, managers and owners are required to be aware of their customers visible signs of intoxication such as slurred speech, glassy eyes, trouble walking and other behaviors associated with intoxication. Owners must train their staff properly in this way so they are able to clearly determine when a customer is impaired and thereby stop serving the intoxicated person alcohol.

Any of the following acts may be deemed a dram shop violation:

  • Giving alcohol to a minor
  • Serving alcohol to a clearly intoxicated customer
  • Serving alcohol without a proper license
  • Giving alcohol to customers after hours.

If someone drives away from a pub or tavern while being intoxicated from being served alcohol, not only will the operator of the vehicle be held responsible but the business also can be held accountable for any harm or deaths that result. In Massachusetts, most places that serve or sell alcohol typically maintain liability insurance to cover accidents caused by intoxicated customers who cause injuries or death.

If you or your family have suffered the loss of a loved one, you may be entitled to compensation from the dram shop’s insurance, in addition to the driver’s insurance policies. Damages usually consist of medical bills, lost wages, disability, permanent scarring, loss of enjoyment of life, emotional distress and pain and suffering. In a wrongful death case loss of support and companionship claims can be included.

Contact the lawyers of Brabant & Huynh LLP if you or a loved one are in need of representation. Call us today to schedule a free consultation at 617-934-0913. If a tavern, pub or some other business has sold alcohol to an intoxicated person who has caused you or a loved one harm, we will fight to hold them responsible.

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