A Brief Summary of the Following Page
- Social Responsibility: Social hosts in California may be held liable for damages caused by intoxicated minors they served alcohol to, especially in private settings like home parties.
- Business Regulations: Licensed establishments, such as bars and restaurants, can face liability if they serve alcohol to a clearly intoxicated minor who causes injuries to someone else..
- Proof Requirements: In Los Angeles, to establish dram shop liability, evidence must show a business served alcohol to a minor or visibly intoxicated minor who then directly caused injuries.
- Why Hire a Lawyer: For businesses facing dram shop liability claims, hiring a law firm like Callahan & Blaine offers trusted guidance in navigating insurance issues, trial preparations, and legal strategies for defense.
- Call us at714-241-4444 or fill out a contact form today for a consultation.
If a drunk individual in Los Angeles causes an accident or injuries to others, they may claim a restaurant, bar, or other business is to blame. This is called dram shop liability, which involves several elements, including the individual’s blood-alcohol level, alcohol tolerance, and if they were overserved. If you own a business that has been accused of violating California’s dram shop liability laws, you deserve top-tier legal representation you can trust to protect your best interests.
At Callahan & Blaine, we understand how dram shop liability cases can affect your business, so we are here to defend establishments facing these claims, which may involve personal, wrongful death, and drunk driving. Our robust team of 29 lawyers all have at least eight years of experience and extensive knowledge of state laws that apply to your case. We take a personalized approach, creating a nuanced strategy based on your unique situation and giving you the best chance of a successful outcome.
What Are California’s Dram Shop Laws?
In California, dram shop liability laws regulate businesses and individuals who sell or serve alcohol to customers and their liability if they cause injuries. According to California Civil Code section 1714, consuming alcohol is the immediate cause of injuries that result from intoxication instead of serving. However, there are exceptions to this rule, which include the following:
SOCIAL HOST LIABILITY
If a parent, guardian, or other adult serves some under 21 alcohol in their home, the social host may be responsible for any action the intoxicated minor takes and the damages they cause. For example, if an adult hosts a party in their home and knowingly provides alcohol to an 18-year-old, the host may be liable if the drunk teenager gets into a drunk driving accident.
BUSINESS LIABILITY
While California law states supplying alcohol is not the proximate cause of intoxication-related accidents, like drunk driving, California Business & Professions Code section 25602.1 applies to businesses that have a license to sell, provide, or serve alcohol. This regulation states if a bar or restaurant owner, server, bartender, host, alcohol vendor, or other employee serves a clearly intoxicated minor, they may be liable for the minor’s actions and the damages involved.
What Needs to Be Proven in a Los Angeles Dram Shop Liability Case?
If someone files a dram shop liability case against your establishment, they carry the burden of proof. This means their claim must contain evidence that clearly demonstrates the following points:
- The business served alcohol to a minor or visibly intoxicated minor.
- The intoxicated minor directly caused injuries to someone else.
- Intoxication played a major role in causing the incident and injuries.
We understand this burden of proof and how to counteract it by gathering evidence that disproves their points. We also understand your worries about how your case may affect your business, so we do everything possible to fight for your rights and a successful outcome.
Why Should You Hire a Lawyer to Help With Your Los Angeles Dram Shop Liability Case?
If your business has been accused of violating the above California dram shop liability regulations, you may feel overwhelmed and unsure how to protect your rights. With the guidance of the seasoned LA dram shop lawyers at Callahan & Blaine, you can better understand the laws that apply to your claim and your legal options. Our professional team stands out from other firms in the following ways:
- Insurance knowledge: Our managing partner, Edward Susolik, is one of the leading insurance experts in the U.S. and has handled over 1500 mediations in the last 33 years. This insight perfectly positions us to take on your dram shop liability case, which may involve negotiating with insurance companies and adjusters.
- Trial lawyers: While we work hard to settle your dram shop liability case out of court, we are trial lawyers at heart. Therefore, we are fully equipped to take your case to court and present it to a judge and jury if necessary.
- Comprehensive support: We offer complete legal services and handle every aspect of your case so you always feel supported and confident in the next steps. We take the weight of the legal process off your shoulders so you can have a stress-free experience.
- Record breakers: With our extensive insurance knowledge, trial experience, and high-quality services, we have achieved record-breaking outcomes for our clients, including a $934 million verdict in a complex business litigation case–the largest jury verdict in Orange County history.
Our Callahan & Blaine dram shop lawyers want to help your business succeed and continue to thrive, so we are here to help you understand how to protect your establishment and how California dram shop liability laws may impact your business.
Speak With a Trustworthy Los Angeles Dram Shop Liability Lawyer at Callahan & Blaine
Facing a dram shop liability case can be highly concerning for your business, and you may worry about how it will impact your success in the future. With the help of the experienced and hardworking Los Angeles dram shop lawyers at Callahan & Blaine, you can better understand your rights, the laws involved in your case, and the best path forward to protect your establishment.
With our 29-lawyer team and 40-year legacy as a law firm, we have the skills, knowledge, and resources to take on your claim and guide you through every step of the process, from first consultation to litigation. We have a proven track record of success, including a stunning 12-0 defense jury verdict after a two-month trial in a major employment case brought against one of Orange County’s largest corporations. When working with us, you can rest assured your business is in the right hands. To schedule a consultation, call us at 714-241-4444 or fill out our contact form today.
