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Our LocationsIf you are injured by a drunk driver after a party, you may wonder whether the person who hosted the party can also be held responsible. In Ohio, the answer depends on who provided the alcohol, whether the driver was underage, and whether the person or business that provided the alcohol violated Ohio law.
Ohio’s Dram Shop Act creates limited circumstances in which a liquor permit holder may be liable for injuries caused by an intoxicated person. Private party hosts are subject to different rules. A social host is generally not liable simply because an adult guest became intoxicated and later caused a crash. However, Ohio law may allow a claim when a host furnishes alcohol to an underage person, and that person later causes an injury.
If you were injured by a drunk driver after a party, an Ohio drunk driving accident lawyer can investigate where the driver was drinking, who provided the alcohol, and whether another person or business may be legally responsible.
Ohio’s Dram Shop Act limits when an injured person can bring a claim against a liquor permit holder or its employee for injuries caused by an intoxicated person.
A person injured by an intoxicated individual generally cannot sue a business simply because the business served that person alcohol. Ohio law establishes specific exceptions.
For an injury that occurs away from the business’s premises, a liquor permit holder may be liable when the intoxicated person’s conduct caused the injury, and the permit holder or employee knowingly sold alcohol to a noticeably intoxicated person or an underage person. The intoxication must also have been a proximate cause of the injury, death, or property damage.
This means evidence about what the bartender, server, or other employee knew when the alcohol was provided can be important in an Ohio dram shop case.
Not in the same way it applies to businesses with liquor permits. The Dram Shop Act specifically addresses liability involving liquor permit holders and their employees. A person hosting a private party without a liquor permit is generally considered a social host rather than a dram shop defendant.
A private host is generally not responsible simply because an adult guest drinks alcohol at the party and later decides to drive.
For example, suppose a friend hosts a birthday party and provides beer to adult guests. One guest becomes intoxicated, leaves the party, and causes a crash that injures another driver. The fact that the guest drank alcohol at the party does not, by itself, make the host legally responsible for the resulting accident. The situation may be different when the person who consumed the alcohol was underage.
Potentially, yes. Ohio law generally prohibits a person from selling, buying for, or furnishing beer or intoxicating liquor to an underage person, subject to certain exceptions.
The law also addresses situations in which an owner or occupant of a public or private place knowingly allows an underage person to remain there while possessing or consuming alcohol.
Ohio courts have recognized that a social host who provides alcohol to a minor in violation of Ohio law may potentially be liable to third parties injured as a result of the minor’s negligence.
These cases can be complicated. A host may claim they did not know an underage person was drinking or that they did not provide the alcohol. Evidence about what happened at the party and what the host knew can become important.
A private party host generally is not automatically liable when an adult guest drinks at the party and later causes a crash.
For example, an adult guest may bring alcohol to a party, drink too much, and then decide to drive home. The host’s decision to allow the guest to attend the party does not, by itself, make the host responsible for injuries caused by the guest. However, that does not necessarily mean the drunk driver is the only person or business worth investigating.
The driver may have consumed alcohol at a bar, restaurant, event venue, or other licensed establishment before arriving at the party. Depending on the circumstances, that business could potentially face a dram shop claim if the requirements of Ohio law are met.
The intoxicated driver is often an important source of liability after a drunk driving accident, but other parties may also need to be investigated.
Depending on the circumstances, potentially responsible parties can include:
Determining liability requires looking at what happened before the crash, not just what happened at the moment of impact.
An attorney may investigate where the driver was drinking, who purchased or provided the alcohol, whether the driver was underage, whether employees or hosts knew the driver was intoxicated, and what evidence exists to establish those facts.
Evidence can be especially important in an alcohol-related injury case because the person or business that provided the alcohol may dispute what happened.
Depending on the circumstances, evidence may include:
If a business may be involved, an attorney may also need to determine whether records or video evidence could be lost or destroyed. Investigating these issues promptly can help preserve evidence that may become important to the case.
If a drunk driver injured you, you may be entitled to compensation for losses caused by the crash. The damages available will depend on the circumstances of your case and the severity of your injuries.
Potential compensation may include:
If another person or business can also be held legally responsible under Ohio law, pursuing that claim may provide another potential source of compensation.
However, these claims can involve different legal standards. A dram shop claim against a liquor permit holder is not the same as a personal injury claim against the drunk driver or a social-host claim involving an underage driver.
If a drunk driver injures you, your first priority should be getting medical attention and making sure the accident is reported to law enforcement.
If you are able, preserve information about what happened before the crash. Tell police if you believe the other driver was impaired and provide any information you have about where the driver may have been drinking.
You should also be cautious about giving statements to an insurance company that could be used to minimize your claim. An insurance company may focus on the driver’s responsibility for the crash while overlooking evidence about where and how the driver obtained alcohol.
If you believe the driver was drinking at a bar, restaurant, party, or other location before the accident, tell your attorney what you know. Details such as the establishment’s name, the party’s location, or the people present could help identify additional evidence and potential sources of liability.
After a drunk driving accident, KNR can investigate more than just what happened on the road. Our attorneys can examine the circumstances leading up to the crash to determine whether another person or business may also be legally responsible.
Depending on the facts of your case, that may include investigating:
KNR can also handle communications with insurance companies and pursue the compensation available for your injuries.
It depends on the circumstances. A private host is generally not automatically liable for an adult guest’s decision to drink and drive. However, Ohio law may allow a claim involving an underage person who was furnished alcohol in violation of Ohio’s underage drinking laws.
Potentially. Under Ohio’s Dram Shop Act, a liquor permit holder may be liable for an off-premises injury caused by an intoxicated person’s negligent conduct when the permit holder knowingly sold alcohol to a noticeably intoxicated or underage person, and the other requirements of the law are met.
You should still speak with an attorney. An investigation may uncover where the driver consumed alcohol and whether a business or another person provided it.
The driver who caused the crash may be personally liable for injuries and losses resulting from their negligence. Depending on the circumstances, there may also be potential claims against another person or business.
The deadline depends on the type of claim and the circumstances of the case. Because missing a legal deadline can prevent you from recovering compensation, you should have your case evaluated as soon as possible.
A drunk driving accident can leave you dealing with serious injuries, medical bills, lost income, and other losses. If you believe alcohol was provided to the driver before the crash, there may be more to investigate than the driver’s conduct alone.
Kisling, Nestico & Redick represents people injured in drunk driving accidents throughout Ohio. Our attorneys can investigate the circumstances surrounding the crash, determine who may be responsible, and pursue the compensation available for your injuries.
Contact KNR at 1-800-HURT-NOW for a free consultation. You pay nothing unless we win.
