By: Alaina A. Gregorio, Esq.

With the weather finally starting to warm up, and Springtime approaching people will be out and about. There may be more day-drinking and bar hoping going on, lending itself to many drunk accidents and sadly even deaths. What many people do not realize is that restaurants and bar owners may be liable for injuries and death that result from patrons being served at their establishments, even if someone else was involved in the accident.

A typical example would be a patron drinking at a local bar drives home from the bar and strikes and kills another person on the road. While the patron will be liable for the accident and death, the bar owner may also be responsible for over serving that patron if they hold a liquor license and served that patron while they were visibly intoxicated.

Pennsylvania Dram Shop Liability: Legal Overview and Implications

Pennsylvania’s Dram Shop Law holds bars, restaurants, and other alcohol-serving establishments accountable for over-serving intoxicated individuals who then cause harm to themselves or others. This law is governed by Pennsylvania’s Liquor Code (47 P.S. § 4-493(1)), which makes it illegal for any licensed establishment to serve alcohol to a visibly intoxicated person. If a business violates this law and the intoxicated individual subsequently causes an accident or injury, the establishment may be held legally responsible.

Elements of Dram Shop Liability

To establish dram shop liability in Pennsylvania, the injured party (plaintiff) must prove the following elements:

1. The establishment served alcohol to a visibly intoxicated person – The plaintiff must demonstrate that the business continued to serve alcohol even when signs of intoxication (such as slurred speech, stumbling, or erratic behavior) were apparent.
2. The intoxicated person’s actions caused harm – It must be shown that the intoxication directly contributed to an incident, such as a car crash, assault, or another injury-causing event.
3. A causal link exists between the over-service and the injury – The plaintiff must prove that the establishment’s actions were a significant factor in causing the damages.

Who Can File a Dram Shop Lawsuit?

Several parties can file a dram shop lawsuit, including:

• Victims of accidents or injuries caused by the intoxicated person, such as pedestrians, other drivers, or assault victims.
• The intoxicated individual themselves, if they suffered injuries due to their over-consumption (although Pennsylvania courts have sometimes limited these claims under the principle of personal responsibility).
• Family members of deceased victims, in cases involving wrongful death.

Potential Damages

If found liable, a Pennsylvania establishment may be required to compensate victims for:

• Medical expenses
• Lost wages and loss of earning capacity
• Pain and suffering
• Property damage
• Wrongful death damages in fatal cases

Defenses and Limitations

Defendants in dram shop cases may argue that:

• The individual did not appear visibly intoxicated at the time of service.
• The injury was not directly caused by the intoxication.
• The intoxicated individual’s actions were unforeseeable or independent of alcohol service.

Additionally, Pennsylvania follows a two-year statute of limitations for dram shop claims, meaning victims must file lawsuits within two years of the incident.

So, as the weather gets warmer and the days get longer, remember to enjoy the time responsibly. If an accident or injury does occur as a result of over intoxication, give us a call to see if there is a case against the licensed establishment serving the drinks!