I was recently injured by a drunk driver who just left a local bar in Memphis, Tennessee. Can I recover from the bar or restaurant that served alcohol to a visibly intoxicated customer?

No one wins in a Tennessee drunk driving accident. Unfortunately in most instances, there are very few people who are in a position to prevent an accident from occurring other than the negligent—and criminal—drunk driver. The effect on a victim and his or her family can be devastating and overwhelming. Often times the drunk driver does not have assets or even car insurance to cover the damages.

Sometimes victims and families are frustrated or even enraged at bars or other establishments that serve these drunk drivers—and rightfully so. Under common law principles, a bar or restaurant selling alcohol to a visibly impaired customer is not liable for injuries that the patron causes to others.

However, to some degree the Tennessee legislature addressed this problem and in some circumstances a bar, pub, restaurant, or other establishment may be liable for serving alcohol to a visibly intoxicated patron. Liability stems from the popular Dram Shop Law which has reached near universal acceptance throughout the United States. This permits an injured victim or his or her family to seek compensation directly for the establishment that provided the alcohol.

Tennessee’s Dram Shop Law, found at Tennessee Code Section 57-10-102, governs the standard of proof in alcohol-related injuries involving Dram Shop law. This section provides that no damages or compensation for personal injuries caused by the sale of any alcoholic beverage may be awarded unless a jury finds “beyond a reasonable doubt that the sale by such person of the alcohol beverage or beer was the proximate cause of the personal injury or death sustained.” Further, the legislature required one of the two following exceptions to apply:

(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.

Therefore, to be successful in a Tennessee car accident case against a bar or other establishment, the plaintiff must prove that the sale of that alcohol was the proximate cause of his or her injury or the victim’s death. To be the proximate cause of an injury, the bar or other establishment’s sale must have been a “substantial factor” in causing the harm. This determination is a heavily fact-dependant one and requires an experienced Tennessee car accident attorney to review the law and the circumstances to acquire the compensation you deserve.

Here at Bailey and Greer, PLLC our Tennessee car accident attorneys understand how to effectively pursue your claims. Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page. Please contact us today to receive your free case evaluation by dialing locally to 901-680-9777 or toll-free to 888-470-9143. Remember, you only have one year from the date of the accident to commence your action to recover compensation.