Currently, 43 of the 50 U.S. states have so-called "dram shop laws" that make it possible to hold an establishment liable if it sells an intoxicated patron alcohol and the patron subsequently causes a car accident after they leave the premises. A "dram" is an old measure for liquor by the drink.
What got me thinking of this was learning of the conviction of drunk driver for causing a fatal DWI wreck. In 2010, a 26-year-old visited four different bars in Asheville, North Carolina (NC). After her last stop, the intoxicated woman drove west in the eastbound lanes of I-240 and crashed head-on with another car, killing the other driver. The drunk driver eventually pleaded guilty to reckless driving, felony death by vehicle and driving while intoxicated and is serving time.
North Carolina (NC) has a dram shop law that makes it illegal for establishments to sell alcohol to someone who is already intoxicated. Violators can be held liable if a patron causes personal injury or death after drinking. The estate of the Asheville victim has filed wrongful death lawsuits against the four bars that served her alcohol. Because the driver’s blood alcohol content was more than three times the legal limit at the time of the accident, it is hard to believe that the woman showed no outward signs of being intoxicated while she was at the bars.
Virginia (VA) is one of the seven states that do not have dram shop laws. Should one be enacted? According to data collected by Mothers Against Drunk Drivers, holding establishments liable in drunk driving accidents has had a positive effect on reducing the number of fatal crashes. Studies have shown decreases in fatal car crashes of between 3 and 5 percent in states that enforce dram shop laws. This may not seem like a large percentage, but if your loved one was part of the group who has been saved, wouldn’t it be worth it?
MH
About the Editors: The Shapiro, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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