Content Legally Reviewed & Approved
This page has been written and edited by a team of experienced legal writers. This page was approved by Managing Partner, Michael Saile who has more than 20 years of legal experience as a personal injury attorney.
What Are Dram Shop Laws?
When people are extremely intoxicated, they pose a hazard not only to themselves but to others around them. They could get in a fight, fall down the stairs causing others to fall, or even get behind the wheel and cause a drunk driving accident on Pennsylvania roads.
Dram shop laws, sometimes known as liquor liability laws, make it possible to hold those who serve alcohol liable for the actions of those they serve. These laws apply to any bar, restaurant, hall, or other establishment that has a license to sell and/or serve alcohol.
What Does the Pennsylvania Liquor Code Say About Liquor Liability?
Pennsylvania’s dram shop laws fall under the Pennsylvania Liquor Code (Section 4-497). This law outlines the circumstances that allow injury victims to hold businesses liable for the injuries caused by an intoxicated person served there. In Pennsylvania, a business may be liable if it furnishes alcohol to anyone who is “visibly intoxicated.”
In fact, case law has shown that almost any violation of the state liquor laws is an example of “negligence per se.” This means you only have to prove that the business violated the Pennsylvania Liquor Code, which is often much easier than showing it knowingly served patrons who were already drunk.
In addition, the Pennsylvania dram shop laws allow accident victims to hold individuals, called “social hosts,” responsible for serving alcohol in their homes if the intoxicated person was under the age of 21. Individuals serving in their home cannot be held responsible for the actions of drunk adults.
What Type of Damages Can I Collect in a Civil Dram Shop Claim?
If you suffered injuries in an accident caused by an intoxicated person in PA or NJ, you may be able to recover a wide range of damages from both the person who caused the accident and the vendor who served him or her. Some common examples include:
- Medical treatment
- Rehabilitation and physical therapy costs
- Prescription medications
- Lost wages
- Income lost due to disability
- Property damage
- Pain and suffering
- Other accident-related losses
Pennsylvania gives accident victims a maximum of two years to file a dram shop claim. This clock begins running the day you suffer injuries, so it is important to discuss your case with a knowledgeable personal injury attorney as soon as possible.
How Can I Pursue a Pennsylvania Dram Shop Claim?
Pennsylvania laws protect your right to compensation if you suffer injuries due to an intoxicated person’s negligent actions. However, filing a dram shop claim can be difficult, especially if you do not have an intimate knowledge of dram shop laws in your state.
If you suffered injuries because of someone else’s alcohol-related mistake in the Philadelphia area, we can help. Contact the accident lawyers at Cordisco & Saile, LLC.
We have experience filing liquor liability cases, and can help you get the compensation you deserve. Call our office today at 215-642-2335 to schedule a free consultation.
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“I was in a serious accident in 2021. My injuries were new however they mimicked some of the injuries I received in a 2017 accident. After treating with 2 doctors, both who stated my injuries were permanent, I was recommended to Cordisco & Saile. My attorney, Steven DeBonis, was wonderful. He listened and guided me through the process. He worked endlessly to ensure I received a proper settlement. I am so grateful for his effort and kindness. I would highly recommend him to anyone who needed someone to fight for them. The staff was friendly, informative and helpful. They are the best legal team around. Thank you for all you have done.”
I had a slip and fall on Saturday, December 21, 2024. I waited a few days before calling Barbara’s firm and when I decided to reach out, I left a message late at night on the 23rd. First thing Christmas Eve day, Barbara calls me to let me know. She received the message and wanted to chat about my fall. She was extremely professional, detailed the process, and what they would look for in terms of backup documentation, but also instilled a sense of safety and security because she was kind, compassionate and empathetic. She gave the distinct impression that my case would be well researched thoroughly but also be done ethically without having me jump through a whole lot of extra hoops. Five stars, would highly recommend.”
“I had a car accident in January 2019. I called Cordisco and Saile. Michael Saile Jr. worked with me along with his associate Steve, and para legal Michele. They treated me with kindness and respect. I had injuries to my neck and spine. I went through months of physical therapy. The person who t- boned my car had no license, registration or insurance, therefore Mr. Saile had to put together a lawsuit against my own insurance company. I had limited tort insurance but Mr. Saile and his people fought to get me the most money that I was entitled to from my insurance company. It took four years due to the pandemic but they kept at it until they reached the maximum. I cannot thank them enough. Everyone in their office worked very hard for me. I would highly recommend this firm to anyone who has had an accident, or any legal work.”
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