Washington’s dram shop laws hold bars and restaurants responsible when they serve alcohol to visibly intoxicated people or minors who then cause harm. The term “dram shop” comes from 18th-century taverns that sold alcohol by the dram—a small amount of liquor. Dram shop laws help victims seek compensation when overservice leads to accidents or injuries. If an intoxicated person causes harm, the business that served them may be held liable and face the consequences for their role in alcohol-related incidents.
The Details of Washington’s Dram Shop
Washington dram shop laws are designed to hold alcohol-serving businesses legally responsible when they contribute to harm by overserving. Unlike some states, Washington’s law applies in specific cases where the person served is visibly intoxicated or underage.
Who Can Be Held Liable?
- Establishments: Any business with a liquor license, including bars, restaurants, and even liquor stores, can face liability for damages caused by a patron they overserved.
- Private Hosts: While businesses are the main focus, private individuals who host events are only held liable if they serve alcohol to minors (under 21).
Key Factors in a Dram Shop Claim
- The person served must have shown clear signs of intoxication, such as slurred speech or loss of coordination.
- In the case of minors, liability applies even if they did not appear intoxicated at the time of service.
Types of Dram Shop Claims in Washington
Dram shop claims generally fall into two categories, depending on who was harmed and how the law applies.
First-Party Claims
First-party claims are when the person who was overserved tries to sue the bar or restaurant after getting hurt themselves. For example, if a minor is served alcohol and then gets into an accident or is injured, they might try to hold the establishment responsible for their injuries. First-party claims are rare and more challenging because the person suing was the one drinking.
Third-Party Claims
Much more common, third-party claims involve someone else getting hurt because of an intoxicated individual. For instance, if a bar overserves someone, and that person causes a drunk driving accident, the victims of that crash can sue the establishment for serving the driver too much alcohol. These claims are often seen in personal injury cases where an innocent party was affected by someone else’s impaired judgment.
Elements Required to Prove Dram Shop Liability
To hold an establishment liable under Washington’s dram shop law, certain elements must be proven. These are the key factors that show whether a business served alcohol irresponsibly and contributed to the harm caused.
Visible Intoxication
A necessary part of dram shop liability is proving that the establishment served alcohol to someone who was clearly intoxicated. There are common signs that indicate when someone should no longer be served, such as:
- Slurred Speech: Difficulty speaking clearly.
- Aggressive or Disruptive Behavior: Acting out of control or becoming confrontational.
- Lack of Coordination: Stumbling, swaying, or having trouble standing.
- Impaired Judgment: Making poor decisions or showing confusion.
If a business continues serving alcohol to someone showing these signs, they can be held responsible for the damages that follow.
The “Apparently Intoxicated” Standard in Drunk Driving Cases
Washington’s dram shop law holds establishments to a higher standard in drunk driving cases. According to state liquor laws (RCW 66.44.200), businesses cannot serve alcohol to anyone “apparently under the influence.” This standard, clarified in Barrett v. Lucky Seven Saloon, replaces the “obviously intoxicated” standard if the case involves drunk driving accidents.
Serving Minors
Washington law is strict about serving alcohol to minors. It’s illegal to serve anyone under the age of 21, and this applies regardless of whether the minor appears intoxicated. Even if a minor doesn’t show obvious signs of impairment, the act of serving them alcohol can still result in liability if they go on to cause harm. Establishments are required to verify the age of anyone who could be underage to avoid these consequences.
Gathering Evidence in Dram Shop Cases
Proving liability in dram shop cases involves collecting various forms of evidence to show negligence. An attorney will focus on critical pieces of evidence, such as:
- Witness Testimony: People present during the incident may provide details about the intoxicated person’s behavior and how staff responded.
- Surveillance Footage: Video footage may show how much alcohol was served and whether visible signs of intoxication were ignored.
- Receipts and Drink Orders: What was ordered may establish that an individual was overserved.
- Staff Training Records: Washington law requires alcohol servers to complete a certified alcohol education program (RCW 66.20.320). This training includes how to recognize intoxication and prevent overserving. An attorney can review these records to determine whether the establishment complied with state training requirements. Lack of proper certification or failure to follow training can be used to support a dram shop claim.
The goal is to build a detailed case that leaves no doubt about the establishment’s negligence, giving your attorney the leverage needed to secure the maximum possible compensation for you.
Social Host Liability vs Dram Shop Laws in Washington
Social host liability differs from dram shop laws, which focus on businesses. A social host is someone who provides alcohol at private gatherings, like parties or family events. In Washington, social hosts are not usually liable for serving alcohol to adults, even if the guest becomes intoxicated. However, if a social host serves alcohol to a minor—or allows underage drinking on their property—they can be held responsible if the minor later causes harm.
Seeking Justice Under Washington’s Dram Shop Laws
If a bar or restaurant’s decision to overserve someone leads to an accident, dram shop laws give victims the chance to hold them responsible. Whether you’re dealing with serious injuries or a tragic loss, dram shop laws can be a critical tool in your fight for justice. An attorney with experience in dram shop claims can help you gather the evidence needed and explore every option for recovering the compensation you deserve.
If you or a loved one has been injured in an alcohol-related accident, contact Washington personal injury attorneys, Russell & Hill, PLLC today for a free consultation. We’re ready to help you pursue justice.