DRAM SHOP LITIGATION
In Tennesssee, it’s a crime to provide alcoholic beverages to minors. It’s also a crime to provide alcoholic beverages to the visibly or obviously intoxicated. If you were injured by anyone who was served alcohol and was obviously intoxicated at the time, you may be entitled to recovery from the bar, restaurant or other person who provided such alcohol. Such a lawsuit would be called a “Dram Shop” case.
Tennessee Law states specifically as follows:
57-10-101 Proximate cause. The general assembly hereby finds and declares that the consumption of any alcoholic beverage or beer rather than the furnishing of any alcoholic beverage or beer is the proximate cause of injuries inflicted upon another by an intoxicated person. [Acts 1986, ch. 519, 1.]
57-10-102 Standard of proof. Notwithstanding the provisions of 57-10-101, no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless such jury of twelve (12) persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person:
(1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or
(2) Sold the alcoholic beverage or beer to a visibly intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold. [Acts 1986, ch. 519, 2; Acts 2009, ch. 492.]
If you or a loved one has suffered catastrophic personal injuries or death due to careless bartenders, bar maids, beer store clerks, and the drunk drivers to whom they sell more alcohol after the drunk driver is already visibly intoxicated, then contact the Law Office of William J. Taylor for aggressive representation and recoupment of damages.