Missouri Dram Shop Claims
Missouri Dram Shop Lawyer
Missouri Revised Statute 537.053.2 entitles businesses to sell intoxicating liquors and/or beverages to customers for consumption on their premises. This statute also creates a duty amongst those businesses to take care in not knowingly over-serving alcohol to an intoxicated customer. When owners or employees knowingly serve intoxicating liquor to a customer who is visibly intoxicated, they are putting the community at risk if the drunk customer gets behind the wheel. Drunk drivers cause a great number of fatal car accidents in Missouri each year. It is critical for a
Missouri dram shop lawyer to investigate every aspect of a dram shop claim to obtain maximum compensation for the client. Contacting a dram shop lawyer immediately following any DUI accident is the first step to investigation of a
dram shop claim.
Missouri courts have struggled with what 'visibly intoxicated' means under the statute. In most situations, visible intoxication can be proven circumstantially by testimony of:
- slurred speech
- watery eyes
- elated behavior
- loud & boisterous conduct
- unsteady gait
- quantity and potency of drinks ordered and consumed
Missouri dram shop claims are notoriously difficult to prove unless a lawyer utilizes the assistance of a toxicologist and pharmacologist expert. These experts can pinpoint blood alcohol levels at the time of the consumption by using 'back-calculations' from the B.A.C drawn at the time of the accident. Expert testimony can then be offered at trial to give the jury an idea of the defendant's level of intoxication at various points of time prior to the car accident.
Missouri Dram Shop Laws - St. Louis Personal Injury Lawyer
Our St. Louis personal injury lawyers aggressively prosecute dram shop claims throughout Missouri. Bars and taverns that serve intoxicating liquors for profit must take care in making sure they are not over-serving patrons to the point of visible intoxication. Training from organizations such as ServeSafe and TIPs are available to business owners and their employees. These organizations offer on-site training to bartenders and servers on how to spot patrons who are intoxicated and the ways to deal with them politely and respectfully. However, they are not effective if owners are not willing to make the safety investment. Business owners obviously don't want to upset customers by cutting them off, but at what expense? Another person's life?
Missouri dram shop laws are vague and require the understanding of an experienced St. Louis personal injury attorney. Not all injury attorneys have represented clients with dram shop claims. Make sure to ask your lawyer how many of these types of cases he or she has successfully prosecuted. In any case where drunk driving is suspected, demand that your lawyer investigate the possibility of a dram shop claim. This requires a thorough investigation into the other drivers whereabouts leading up the crash. Our lawyers are committed to investigating the possibility of a dram shop claim in all serious and fatal Missouri car accidents.
Contact a Missouri dram shop lawyer by calling (314) 732-1401 to discuss your claim in more detail.