Businesses selling or serving liquor typically use an “obvious intoxication test” to determine if a patron is in danger of or has already been overserved. Most states have laws established, which can allow victims of drunk driving accidents to also file a third-party civil suit against the supplier of the alcohol.

Bars often find themselves facing liability if a customer suffers alcohol poisoning or some other alcohol-related injury due to being overserved. Determining if a bartender, waitress, or bouncer should have known that a person should be cut off is often easier said than done. Even a single injury or death to a friend or a loved one from a drunk driver is one too many, and therefore,  bars need to be vigilant in assessing the condition of their customers.

Bars in particular have the difficult task of walking the fine line between allowing people access to alcoholic drinks, which is their main source of income, and knowing when to cut those same customers off when they’ve had too much.

Judging a person’s sobriety without using a testing device like a Breathalyzer is not an exact science. Bartenders, wait staff, and bouncers have more experience than most when it comes to spotting signs of intoxication. But they don’t know if the person was drinking before they arrived, if they’re drinking on an empty stomach, and so on.

In addition to trying to avoid drunk driving accidents, bar owners are also motivated to keep from overserving customers to avoid being named in a civil lawsuit.

The scope and strength of a civil lawsuit varies by jurisdiction, but in general, civil laws allow the victim (or their survivors) to sue the person or establishment that overserved the drunk driver for damages. These include wrongful death claims and property damages, as well as medical expenses.

The damages paid out in a civil suit for a drunk driving accident might be split between the driver and the source of the intoxicating drinks, depending on state law.

Drunk driving accidents aren’t the only way a bar can face liability for overserving patrons. A person who suffers an injury or ends up with alcohol poisoning from continuing to be supplied with drinks when they were clearly drunk may have grounds to sue the places they drank at as well.

While each state has its own unique statutes, successfully proving liability often relies on proof that: 1) There is a proximate cause between alcohol sale and intoxication; 2) the bar sold alcohol to a visibly intoxicated person; 3) injuries were sustained because of the intoxicated person such as  DUI accident and 4) intoxication was at least one cause of the third party damages.

If you or a loved one is in a bind as a result of a criminal allegation, immediately contact a Seattle Criminal Attorney. A Seattle Criminal Defense Attorney is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their DUI charge, and some times even get them dismissed. So, it should go without saying that someone cited for a DUI should hire a qualified Seattle DUI Lawyer as soon as possible. DUI charges can cause havoc on a person’s personal and professional life. Anyone charged with a DUI in Washington State should immediately seek the assistance of a seasoned Seattle DUI Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.