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Home > Articles > Dram Shop Liability

Dram Shop Liability

The effects of a drunk driving accident can be devastating and far-reaching for innocent victims. Accordingly, it may be necessary to seek appropriate financial compensation. This can be a challenge, however, if the negligent driver who caused the accident is unable to meet his or her financial responsibility. Wisconsin and many other states apply the concept of “dram shop liability”, which stipulates that a serving establishment may be held liable for subsequent actions of its patrons if those patrons were served improperly.

Dram shop liability is limited to the serving of underage drinkers in Wisconsin. If a skilled attorney can demonstrate that an establishment illegally served alcohol to a patron who was not of age and that led to your injury, you may be able to recover a more fitting sum of financial compensation.

Establishing Liability

Knowingly selling alcohol to a minor is the primary manner in which a liquor store or bar can open itself to liability, but there are means of protection in place for the seller. If the following all occur, liability is waived:

  • The underage party asserts that they are in fact of legal drinking age.
  • The underage party provides documentation in support of their assertion.
  • The underage party’s appearance is such that a reasonable person would believe that they were of age.

If it can be shown that any of these criteria were not met, liability can be extended to the seller.

Contact Us

If you or a loved one has been the victim of a drunk driving accident, the experienced and knowledgeable Appleton dram shop liability lawyers of Habush Habush & Rottier S.C. may be able to help you seek financial compensation from a restaurant, bar, or other purveyor of alcohol. Contact us at 800-242-2874 to schedule a free consultation.

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