Layton Dram Shop Liability Lawyer
In Utah, being overserved is considered a crime. If you are out at a bar or getting drinks with friends or coworkers, and you are noticeably intoxicated, it is up to the establishment or bartender to exercise their duty of care and prohibit any further transactions. Failure to do so can result in the injury of unsuspecting bystanders.
Referred to as dram shop liability, the consequences of overserving customers can range in severity, from an individual collision to a severe motor vehicle accident with broken bones and head trauma. If you believe you have been the victim of someone who was overserved and caused an accident, it is pertinent you reach out to a qualified and knowledgeable Layton dram shop liability lawyer from Feller & Wendt as soon as possible. They can immediately begin an investigation into the circumstances surrounding the accident and get you the compensation you deserve for your injuries.
Understanding Utah Dram Shop Law
Section 32B-15-201 of the Utah Code outlines the rules and regulations of dram shop law. According to the Utah Code, an alcoholic vendor may be found liable for the actions or injury of an intoxicated person if they are under the legal serving age or acting noticeably or belligerently intoxicated at the time of serving.
To better understand how this law may apply, consider an individual who has been overserved. They were noticeably drunk, slurring their words, and already stumbling as they entered the bar. If this individual is still served alcohol and proceeds to go out and drive their car into a pedestrian, the injured pedestrian may find both the intoxicated driver and the bar liable for the accident.
How a Layton Dram Shop Liability Lawyer Can Help
When you have found yourself on the receiving end of an individual who has been wrongfully overserved, the best thing you can do for yourself is to hire a Layton dram shop liability attorney immediately. Motor vehicle accidents can cause devastating injury, and it’s important you focus your time and energy on healing. While you recover, your Layton attorney can help with the following:
Dram shop liability cases are unique in that you may find both the intoxicated individual and the alcohol vendor liable for your injuries. To establish liability, your lawyer will use evidence to demonstrate the four components of negligence. This includes the duty of care, which is the responsibility of the vendor to not over-serve clearly intoxicated individuals more alcohol. When this care is breached and directly results in an accident, both parties may be found liable for their recklessness.
In the case of dram shop liability, the individual bartender will not be liable, but rather the establishment itself. Examples of evidence that can prove the establishment overserved the individual include failure to check their ID, ignoring obvious signs of intoxication, and continued service even after the establishment was closed. Your attorney will work diligently to gather time-sensitive evidence like security footage to help prove this occurred.
Fight for Adequate Compensation
Drunk driving accidents can be devastating for all parties involved. When dealing with the aftermath of a drunk driving accident and the associated injuries, you are owed compensation for your damages. This can include:
- Coverage of past, present, and future medical bills
- Property damages
- Rehabilitative therapy
- Loss of consortium
- Endured pain and suffering
When you file a claim on your own, the insurance companies are not likely to provide a settlement worthy of your losses. Utah state law gives the victims of personal injury cases the ability to receive economic, non-economic, and even punitive damages where appropriate for their injuries.
Adhere to Statute of Limitations
The current statute of limitations for personal injury claims in Utah is four years from the accident date. This means you must have all of the correct documentation gathered, filed, and sent to the correct location before that four-year deadline rolls around. With a Layton dram shop liability lawyer on your side, you don’t have to worry about your evidence expiring, your claim being dismissed due to a missed deadline or incorrect information, or being too injured or overwhelmed to file your claim.
Consult a Prestigious Dram Shop Liability Attorney in Layton, Utah Today
Being involved in an accident with an individual who was overserved can be a tricky situation to navigate. When you are facing piles of medical bills and the need for financial compensation and justice to move forward with your life, Feller & Wendt can help. With many years of experience under our belt, we will do everything in our power to demonstrate that both parties are directly responsible for your injuries and that you rightfully are warranted justice. Our people-first approach to personal injury means you have access to a dedicated attorney at every step of the process, from the initial consultation to the final settlement.