Are Dram Shop Laws Being Taken Seriously?

I don't know about you but I'm an advocate of that old saying "friends don't let friends drive drunk." We take a responsibility to any action when we knowingly allow our "friend" to get behind a wheel and put their lives and the lives of others at risk. So, In that regard, of course we need to have bars take the same responsibility.

In New York the dram shop law is found in section 11-101 of the New York General Obligations law. Under this law, it is illegal for businesses to serve alcohol to persons who are visibly intoxicated. What is "visibly intoxicated"? Its going to be the up to the employee who serves the patron alcohol.

Of course obvious signs are going to be visible intoxication, slurred speech, bloodshot eyes, and lack of physical coordination. Under New York law the bar or tavern will be held responsible for damages caused anyone who is injured by the patron of the bar who were served alcohol.

For instance, if a bar serves a person alcohol, then that person drives away and injures another person in a car accident, the victims injured can sue the bar.

Recently a state Supreme Court jury awarded $550,000 to the victim of a DWI-related car crash in 2008 -- and placed nearly half the blame on the downtown Albany nightclub that served booze to the drunken driver before he hit the road.

The six-member jury unanimously determined the Bar on Central Avenue wrongly served alcohol to "visibly intoxicated" patron during the early hours of Sept. 12, 2008.

The Patron later got behind the wheel of his Lexus and rear-ended a Mazda Protege on the northbound lanes of Interstate 787 about 3:20 a.m.

The victim ended-up needing surgery to have bones in his neck and spine fused. He has permanent restrictions in the ability to move his neck, which contains a plate.

Bars have a responsibility to make sure they don't over-serve people. It is no mystery that drunk drivers cause injuries.

The jury found the that the bar not only caused or contributed to the intoxication of the driver -- but that its actions were a "substantial factor" in the injuries suffered by the victim in the crash.

The interesting thing about the dram shop law is that only the victim injured in the accident can seek restitution. What about the family of a passenger who
has died in an auto accident due to the drivers intoxication.

Take for instance the recent loss of Ryan Dunn Dead: 'Jackass' Star who died in a car crash. Report indicate that he had been in a bar till the early morning hours of his death as well as his passenger.

Reports indicate that excessive speed was a factor in the horrific accident that took to lives. Toxicology results indicate that Dunn's blood alcohol level was over twice the legal limit at the time of the accident.

"Ryan didn't appear drunk before he left," Barnaby's manager told NBC Philadelphia. That manager said Dunn left the bar around 2 a.m.

Its been reported that before getting into his car, Dunn had tweeted images of himself drinking at Barnaby's.

Pennsylvania is of course one of those states that hold true to the Dram Shop Laws. Bars and taverns can be held liable if they continue to serve alcohol to obviously drunk people who then go on to kill or injure others.

According to Barnaby's Dunn never appeared intoxicated.

"He spoke clearly. He walked clearly. He came in hop, skip, jumping. He left hop, skip, jumping," said Barnaby's general manager to the Daily News. "If these results are true, I'm shocked at it. We were very confident that he had not had that much."

Barnaby's of America avoided criminal liability under Pennsylvania's Dram Shop Laws because Ryan Dunn never appeared to be intoxicated. Still, bar owners may want to exercise better judgment before knowingly allowing patrons to drink six shots and two beers and then letting them drive off -- regardless of how sober they appear.

My opinion is if your drinking -- don't drive. How many people have to lose their lives before stricter laws are in place and enforced. The law only kicks in if anyone outside of the patron is injured. What about the family of Zachery Hartwell and Ryan Dunn? What about their loss, their pain and suffering. How will they be compensated for the wrongful death of their loved ones?

Here's a highlight...Pennsylvania law does not require a toxicology test or even a verification of the number of drinks consumed. The legal standard is whether someone is "visibly intoxicated," showing apparent signs like bloodshot eyes, slurred speech and staggering.

In a case like this eyewitness reports will be crucial in determining who, if anyone, is legally responsible for this tragic crash. Lets be clear. Intoxicated and driving equals death. Bars need to really be on their toes in such circumstances. Again the question is can you tell when someone is visibly intoxicated?

Barnaby's may now consider the installation of the breathalyzer in the bar to avoid an owner of the bar getting sued. In my opinion Dram Shop Laws need to be taken seriously as well a s enforced.