In civil lawsuits involving alcohol service, courts often consider several factors to determine whether the establishment or individual responsible for serving alcohol acted negligently or recklessly. These factors may include:
- Whether the establishment or individual served alcohol to a visibly intoxicated person.
- Whether the establishment or individual served alcohol to a minor.
- Whether the establishment or individual overserved alcohol to a customer.
- Whether the establishment or individual failed to take adequate steps to prevent alcohol-related incidents.
If the court finds that the establishment or individual acted negligently or recklessly, the plaintiff may be awarded damages, which may include compensation for medical expenses, lost wages, pain and suffering, and punitive damages.
Evidence
In civil lawsuits involving alcohol service, the plaintiff typically bears the burden of proving that the establishment or individual acted negligently or recklessly. This may involve presenting evidence such as:
- Eyewitness testimony from people who saw the plaintiff being served alcohol.
- Expert testimony from alcohol experts about the effects of alcohol and the signs of intoxication.
- Documents, such as bar receipts or security footage, that show the plaintiff being served alcohol.
Defenses
The establishment or individual may raise several defenses to a civil lawsuit involving alcohol service. These defenses may include:
- The plaintiff was not visibly intoxicated when they were served alcohol.
- The plaintiff was not served alcohol by the establishment or individual.
- The plaintiff’s injuries were not caused by alcohol.
- The establishment or individual took reasonable steps to prevent alcohol-related incidents.
Settlement
Many civil lawsuits involving alcohol service settle out of court. This means that the parties reach an agreement on how much the plaintiff will be compensated without going to trial. Settling a case can be beneficial for both parties, as it can avoid the costs and uncertainty of litigation.
Conclusion
Civil lawsuits involving alcohol service can be complex and challenging. If you are considering filing a civil lawsuit involving alcohol service, it is important to speak with an experienced attorney to discuss your options.
Additional Resources
- National Association of State Attorneys General: https://www.nasga.org/
- American Bar Association: https://www.americanbar.org/
- Mothers Against Drunk Driving: https://www.madd.org/
