Establishing Liability in Dram Shop Cases
Proving Intoxication
In a Dram Shop case, the plaintiff must prove that the defendant was visibly intoxicated at the time they were served alcohol. This can be challenging, as it often relies on eyewitness testimony, which can be subjective and unreliable. However, evidence such as video footage, receipts showing the amount of alcohol purchased, and expert testimony can help to establish visible intoxication.
Linking the Sale of Alcohol to the Injury
Another crucial aspect of a Dram Shop case is establishing a direct link between the sale of alcohol and the resulting injury. This means proving that the defendant's intoxication was a direct result of the alcohol served by the establishment and that this intoxication was the proximate cause of the injury. Evidence such as police reports, medical records, and expert testimony can help to establish this link.
Role of Negligence in Dram Shop Cases
Negligence plays a key role in Dram Shop cases. The plaintiff must prove that the establishment acted negligently by serving alcohol to a visibly intoxicated individual. This involves demonstrating that the establishment breached its duty of care to the public by serving alcohol irresponsibly, and that this breach directly resulted in harm or injury.
Types of Damages in Dram Shop Cases
Compensatory Damages
Compensatory damages are designed to compensate the plaintiff for any losses they have suffered as a result of the defendant's actions. These can include medical expenses, lost wages, and pain and suffering.
Medical expenses cover the cost of any medical treatment required as a result of the injury, while lost wages compensate for any income lost due to the injury. Pain and suffering damages, on the other hand, compensate for the physical and emotional distress caused by the injury.
Punitive Damages
In some cases, the court may award punitive damages in addition to compensatory damages. Punitive damages are designed to punish the defendant for particularly reckless or negligent behavior and to deter others from engaging in similar conduct. The amount of punitive damages awarded varies depending on the specifics of the case, but they can be substantial.
Wrongful Death Damages
If the injury resulted in death, the plaintiff may be able to claim wrongful death damages. These can include funeral and burial expenses, loss of consortium, and loss of the deceased's future earnings. Wrongful death damages aim to compensate the plaintiff for the financial and emotional losses they have suffered as a result of the death.
Calculating Damages in Dram Shop Cases
Factors Considered in Damage Calculation
When calculating damages in a Dram Shop case, the court will consider a variety of factors. These can include the injury's severity, the injury, the impact of the injury on the plaintiff's quality of life, the amount of medical expenses incurred, and the amount of income lost due to the injury. The court will also consider any future expenses or losses the plaintiff is likely to incur as a result of the injury.
Role of Expert Witnesses in Damage Calculation
Expert witnesses can play a crucial role in calculating damages in a Dram Shop case. Medical experts can provide evidence on the severity of the injury and the likely cost of future medical treatment, while economic experts can provide evidence on the amount of income lost and the impact of the injury on the plaintiff's earning capacity. The testimony of these experts can greatly influence the amount of damages awarded.
Contact Our Experienced Attorneys at The Shellist Law Firm, PLLC
If you or a loved one has been injured due to the actions of an intoxicated individual and you believe a Houston establishment may be responsible under the Dram Shop Laws, it's crucial to seek legal counsel. Our attorneys at The Shellist Law Firm, PLLC have extensive experience handling these complex cases.
Our dedicated team will work tirelessly to ensure you receive the compensation you deserve. Contact us today to discuss your case. (713) 999-6855