California Dram Shop Laws

Injured in a California drunk driving accident? California's dram shop act may be able to help.

After a severe car accident, it's only reasonable to consider filing a lawsuit for your financial damages. After all, you were struck by a drunk driver; shouldn't they have to pay you compensation? We believe they should, but you may also have an additional legal option.

Bobby Thompson, Esq. California Dram Shop Lawyer

Filing A Liquor Liability Lawsuit

In some cases, California allows injury victims and their loved ones to file another lawsuit against the licensed establishment that served alcohol to the drunk driver.

Unfortunately, this form of "dram shop" liability is very limited in California. While many states allow injury victims to file dram shop claims against bars, restaurants and nightclubs that serve visibly intoxicated adults, California does not.

Legal Violations Of California's Dram Shop Law

In fact, California's dram shop law is fairly odd. It only applies liability in two cases:

• when a social host knowingly provides alcohol to a minor (someone under the age of 21)
• when a licensed establishment provides alcohol to "any obviously intoxicated minor"

Obviously, neither licensed establishments nor social hosts (people who make alcohol available at private events or in a private residence) can be held accountable for the drunken actions of adults. These parties can only be held liable when they negligently provide alcohol to a minor, in the event that the intoxicated minor goes on to cause a car accident or start a bar fight.

2-Year Statute Of Limitations

Like all lawsuits, dram shop lawsuits in California are governed by a strict statute of limitations. This state law serves as a legal time limit; if you wait too long, and file your claim after the statute of limitations has run its course, your case will be dismissed. The statute of limitations for dram shop claims in California is now 2 years, beginning on the date of injury. Don't miss your chance!