Portland Dram Shop Claims Attorney
Drunk driving accidents have the potential to cause catastrophic damage and life-threatening injuries. In most cases, a drunk driver does not simply rear-end another vehicle and cause a minor fender bender. Instead, drunk drivers tend to drive the wrong way on highways, cross over center lines, roll over their vehicles, and cause otherwise devastating accidents. In many cases, these accidents result in severe injuries to passengers in the drunk driver’s car, to motorists in other vehicles, or even to pedestrians or bicyclists who happened to be nearby.
Because of the overwhelming losses often suffered by drunk driving accident victims, many people immediately wonder who they can hold responsible for those losses. The drunk driver is obviously the first person who comes to mind, however, the driver may not be the only party from whom you can recover. This is because Oregon has “dram shop” laws that allow certain injured individuals to file a claim against the establishment that served the alcohol to the drunk driver. If you want to learn more information about a possible dram shop claim, call the Johnston Law Firm for help today.
When Do You Have a Dram Shop Claim?
The law sets out strict requirements for when a person can sue an establishment for the harmful acts of a drunk patron. Specifically, the following criteria must be met:
- 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.