When Do You Have a Dram Shop Claim?
- The establishment served alcohol to the drunk person when they were “visibly intoxicated” or if they were under the age of 21 and a reasonable person would have realized they were under 21; and
- The person who was injured did not substantially contribute the the intoxication of the drunk person.
The last requirement applies if two people were both at the same establishment and are then later in an accident. For example, if you went out to celebrate a friend’s birthday and bought them multiple drinks, you cannot later hold the bar responsible for injuries caused by your friend. However, if you did not encourage them to keep drinking or provide drinks for them, the establishment that did provide the alcohol may be held liable for your losses.
It is important to note that dram shop claims do not only apply to drunk driving accidents. If you are at a bar and an intoxicated person starts falling and knocks you off your chair, dram shop laws may still apply. It is important to have your specific case reviewed by a lawyer who knows how to identify your rights under Oregon dram shop laws.
Contact a Portland Dram Shop Attorney For a Free Consultation
If you have been injured in any type of alcohol-related accident, it is important to examine whether an establishment can be held responsible for your injuries and losses. You should always make sure that you call a personal injury lawyer who is thoroughly familiar with dram shop laws in and around Portland and who can advise you of your rights. At the Johnston Law Firm, we have helped many victims of alcohol-related accidents financially recover, so please call to schedule your free consultation today at (503) 546-3167.
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