Dramshop Litigation
Dedicated Dramshop Lawyer in Houston, TX
If you believe an alcohol seller is responsible for the injury or death of a loved one due to a vehicle collision, The Polotko Law Firm can help you recover compensation and justice. Steve Polotko has over 30 years of experience in handling claims against alcohol sellers who were negligent in serving their customers. He will review the details and evidence against the alcohol seller thoroughly to build a strategic case for you. Steve is devoted to pursuing the justice that families, loved ones, and individuals deserve.
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How Does Dram Shop Liability Work?
Bars, restaurants, and other drinking establishments can be held liable for serving their customers too much alcohol, or to the point of obvious intoxication. This liability can become more severe if the overserved customer is involved in an auto collision. Many states have statutes in place to hold alcohol sellers accountable and prevent them from overserving their customers and letting them drive a vehicle after leaving. Below are a few instances in which alcohol sellers can be held liable or negligent.
Obvious Intoxication
Bars and drinking establishments are not supposed to overserve their patrons. They could be held liable if they served a customer beyond the legal limit and became obviously overly intoxicated. They must refuse to serve the customer if they show signs of drinking too much.
Allowed to Drive
If a customer is allowed to leave the establishment and get into a car and drive it, the establishment can be held liable. Their staff should always seek ride alternatives for overly intoxicated customers, such as calling a taxi, rideshare, or a friend or family member to pick them up.
Auto Collision or Accidents
Intoxicated customers who are allowed to operate a motor vehicle run a high risk of causing a traffic accident. These accidents can result in injury or death. Establishments can be held partially or fully responsible for the accident if they permit the customer to leave and drive the involved motor vehicle.
Is My Dramshop Claim Valid?
The sooner you file a dramshop claim, the stronger your case will be. Unfortunately, dramshop cases are among the hardest to prove because evidence can disappear quickly. Among the most crucial aspects of a dramshop claim is the blood toxicology report taken at the scene of the accident. This report should show the driver was drunk during the accident and when they left the establishment. The Polotko Law Firm may use a toxicology expert to review the report and help determine if you have a case.
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