When an accident occurs involving a drunk driver, it is fairly certain the driver who broke the law by driving under the influence will face criminal charges. This includes the possibility the law will hold them accountable for injuries and damage caused by the accident. However, even though the drunk driver made the choice to consume the alcohol, the alcohol had to come from somewhere. Under Alaska law, the person or establishment that provided the alcohol to the driver may be liable as well.
Dram Shop Law Explained
Alaska is one of several states that has a “dram shop” law. Dram shop laws get their name from shops that sold gin to patrons in England during the 1700s. Under the Alaska law, a business that is licensed to sell alcohol and does so carelessly by serving obviously intoxicated customers, can be held liable for that guest’s actions after they leave the premise.
The law says that those businesses must use “reasonable care” to conduct their business lawfully. This prohibits the following:
- Providing alcohol to a “drunken person”;
- Allowing a “drunken person” to enter the premises and remain on the premises of the establishment;
- Allowing a “drunken person” to consume alcohol on the premises of the establishment; or
- Allowing a “drunken person” to sell or serve alcohol.
The law does provide some guidance for the employees of those establishments as to what a “drunken person” is: “a person whose physical or mental conduct is substantially impaired….and who exhibits plain and easily identifiable outward manifestations of behavior…e.g., slurred speech, staggering, etc.”
Responsibility Of Owning A Liquor Licence
Businesses with liquor licenses are strictly liable for damages that occur as a result of over-serving a patron. That means that there is no legal defense to whatever happens after the patron consumes the alcohol, either still at the establishment or after leaving. One exception to that rule is if the alcohol is served to a minor, IF the business did what is required to verify the age of the minor and, for example, were shown a well-made fake ID, the business may be able to escape, or at least mitigate, liability.
Where Can I Learn More?
Explaining the facts can help your attorney decide whether you have a case against the person who injured you and possibly the establishment where that person was served alcohol.
If you have been injured by someone who was intoxicated, consult the top personal injury lawyers in Alaska at Merdes Law Office, P.C. by calling 866.452.3741 or visit www.Merdes.com for further information.
Merdes Law Office has helped injured Alaskans for more than 25 years, it’s who we are. And while we hope you never need us… We’re here if you do.
