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Dram shop laws allow a person who was injured in a car accident with a drunk driver to seek compensation not only from the other driver but also from the person or establishment that provided the other driver with alcohol. Lawsuits against a person or business that sells alcohol — like a bar, restaurant, or even an individual bartender — fall under Alaska’s dram shop laws, while lawsuits against individuals who provide alcohol to a houseguest who later causes an accident are known as “social host liability” claims.
If you were injured in an Alaska car accident and the other driver was under the influence of alcohol, Alaska dram shop and social host liability laws might apply and could significantly affect your right to recover compensation for your injuries.
Eric Derleth, aka The Trial Guy, is an Alaska personal injury attorney who represents people who were injured because someone else was negligent. He can analyze your claim, work to identify all potentially liable parties, and fight for the compensation you and your family deserve. Eric has been in practice for 30 years and has devoted his entire career to helping injured people in Alaska. Contact our law office today to schedule a free and confidential consultation to discuss your situation and how we can help.
Under Alaska’s dram shop law, a person or establishment that sells alcohol can be liable for the actions of an intoxicated patron if they served alcohol to someone who was already clearly impaired or who was under the legal drinking age (21).
For example, consider a bar patron who is clearly intoxicated. They are slurring their speech and having difficulty walking or sitting upright. Nonetheless, the bartender continues to serve them alcohol, even though the bartender is aware they are intoxicated. The bar patron then leaves the bar, drives off, and causes an accident that injures or kills another person. The injured person can, of course, seek compensation from the drunk bar patron. But under Alaska’s dram shop law, they can also seek compensation from the bar that provided the driver with alcohol.
Similarly, if the bar patron who caused the accident was under age 21, the bar could be held liable for injuries sustained in the accident, even if the bar patron was not clearly intoxicated before the accident.
If you were involved in an accident that was caused by a driver who was under the influence of alcohol, dram shop liability may provide an additional source of compensation for your injuries.
For Alaska’s dram shop law to apply, you will need to prove the other driver was intoxicated, that the establishment that served the driver was licensed to serve alcohol, and that they knew the other driver was a “drunken person” but continued to serve them anyway. Under Alaska law, a “drunken person” is someone whose physical or mental conduct is substantially impaired because of alcohol and “who exhibits those plain and easily discovered outward manifestations of behavior commonly known to be produced by the overcompensation of alcoholic beverages.”
Social host liability is similar to dram shop liability in that it allows an injured person to hold accountable the person who furnished alcohol to a driver who later caused an accident. In a social host situation, the person providing the alcohol is not a licensed establishment. Instead, social host liability commonly applies when someone is serving alcohol at their home and an intoxicated guest is later involved in an accident that causes personal injuries.
Under Alaska law, social host liability only applies when the host was aware the guest was under age 21 and provided them with alcohol anyway.
Seeking compensation under Alaska’s dram shop and social host laws can be complicated and challenging. Alaska personal injury attorney Eric Derleth can evaluate your situation and gather evidence to prove the other driver was intoxicated and that they were provided alcohol by a bar or restaurant. In cases where the other driver was under 21, a lawyer can help prove the host who provided the alcohol knew the guest was under 21 but served them anyway.
If you were injured or a loved one was killed in a car accident with someone who was under the influence of alcohol, Alaska personal injury attorney Eric Derleth, aka The Trial Guy, can help. He proudly serves people in Anchorage, Soldotna, Kenai, Palmer, Wasilla, and other areas of Alaska.
Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.
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