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Dram shop laws set limits and impose guidelines on alcohol sales in Oklahoma. Under the state’s dram shop laws, it’s illegal for businesses to serve or sell alcohol to people who are visibly intoxicated. It’s also illegal to sell or provide alcohol to people under 21 years old. Violators of this law are subject to criminal and civil penalties.
Why Were Dram Shop Laws Created?
Dram shop laws came from a public safety interest in reducing the wide-ranging risks and dangers associated with alcohol consumption and drinking and driving. The Oklahoma Alcoholic Beverage Control Act outlines the rules and regulations that Oklahoma businesses must follow when selling and serving alcohol to patrons.
Oklahoma dram shop laws allow injury victims to hold establishments that sell alcohol, such as restaurants and bars, liable for injuries caused by intoxicated patrons under specific circumstances. For example, injured parties can sue these establishments if they serve alcohol to a visibly intoxicated person or a person under 21 who later causes a drunk driving accident.
Dram shop laws aim to reduce drunk driving accidents by discouraging businesses from selling alcohol to visibly intoxicated patrons and those under 21.
How Does the Oklahoma Dram Shop Law Work?
Oklahoma dram shop laws apply to bars, restaurants, and other venues selling alcohol. An establishment that sells alcohol to a visibly intoxicated person who causes a drunk driving accident can be liable for injuries to third parties resulting from the accident. However, an establishment is not liable for injuries a drunk driver inflicts on themselves in a crash.
A 2017 Oklahoma Supreme Court case expanded the scope of dram shop liability laws to include liquor merchants that sell alcohol intended for off-premises consumption. Liquor retailers can now be held responsible for an accident caused by a drunk individual hours after the initial sale, even if there are other mitigating, relevant factors and circumstances.
Ultimately, dram shop liability laws provide a possible course of action for someone harmed by a drunk person’s actions and behavior. A person who is convicted of knowingly serving alcohol to a visibly intoxicated person may also face a $500 fine, up to one year in prison, or both.
Can the Dram Shop Law Also Apply to a Social Host?
Oklahoma has a specific law for social hosts who serve alcohol to someone under 21. According to Oklahoma’s social host law, a host can be liable for injuries and losses from a drunk driving accident caused by a minor guest who drank alcohol on the host’s property. The law imposes a $500 fine on social hosts who provide a place for minors to drink. If someone is injured or killed in the accident, the social host faces a fine of up to $2,500 and up to five years in prison.
In Oklahoma, it is a property owner’s responsibility to ensure that minors aren’t consuming alcohol on their property, regardless of whether the property owner is the “social host” and whether they rent or own the property. Property owners may be liable even if they are not on site when someone else violates the law.
Who Can Be Sued for Damages in a Dram Shop Lawsuit?
Depending on the circumstances, multiple parties may be liable in a dram shop lawsuit. Often, more than one party shares responsibility for a drunk driving accident. Examples of who can be sued for damages in a dram shop lawsuit include:
The Driver
The drunk driver may be liable for injuries and losses from the accident they cause due to drinking and driving.
Bartender or Server
Bar and restaurant employees who knowingly serve alcohol to patrons who are visibly intoxicated can be liable for drunk driving accidents these patrons later cause.
Management and Ownership
The owner of a bar, restaurant, or another establishment that serves alcohol to the public may be responsible for the harm caused by a visibly intoxicated person who later drinks and drives. These businesses could potentially lose their liquor licenses and face other legal consequences for violating the law.
Cashiers and Clerks
An employee, such as a cashier or clerk, who directly sells alcohol to a visibly intoxicated person could be liable for a drunk driving accident. If they suspect the customer is drunk, they must refuse the sale.
Commercial Retailers and Vendors
The vendor, such as a gas station or commercial liquor store, can be liable in a dram shop claim. Even though merchants and stores sell alcohol for off-premises consumption, they can be held responsible for selling to an intoxicated person under the dram shop law in specific circumstances.
What Damages Can I Recover in a Dram Shop Lawsuit?
If you suffer injuries and other losses in a drunk driving accident, you might recover compensation for the following in a dram shop lawsuit:
- Medical expenses for treating your injuries
- Loss of income
- Loss of future income and benefits
- Physical pain and suffering
- Emotional distress
- Cost of repairing or replacing your vehicle
Do I Have a Time Limit to File a Dram Shop Claim in Oklahoma?
The statute of limitations in Oklahoma typically gives victims two years from an accident to file a personal injury lawsuit, including a dram shop claim. If you file your lawsuit after the statutory deadline, the court will likely dismiss your case. If so, you will lose your chance to seek compensation in civil court.
Hiring a lawyer as soon as possible is crucial to preserving your right to pursue compensation from liable parties. An attorney can ensure you meet all the necessary deadlines in your case.
Contact an Oklahoma Car Accident Lawyer
If you suffered injuries in a drunk driving accident and a bar or restaurant shares some of the blame, you may have the right to file a dram shop lawsuit to seek compensation and accountability. The team at Edwards & Patterson Law can review your case and advise you on your legal options for pursuing financial relief. Contact our office today for a free consultation with an Oklahoma car accident lawyer.
