If you or a loved one were injured by a DUI driver in Idaho, you may be eligible to pursue compensation from the bar or restaurant that served the alcohol. Idaho's powerful dram shop law makes it possible.
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Were you or a loved one injured in a drunk driving accident in Idaho? It's reasonable to begin thinking about filing a lawsuit against the driver who caused the crash; people who drive drunk should be held accountable for their unconscionable actions.
But in some cases, you may actually be allowed to file a second lawsuit. Idaho's powerful dram shop law says that injured drivers and their loved ones may be able to secure compensation from another source: the restaurant, bar or nightclub who supplied the alcohol.
Idaho Liquor Liability Laws
Idaho has strict liquor codes. It's illegal to serve alcohol to someone who is under the age of 21. It's also illegal to serve alcohol to someone who is already "obviously intoxicated," according to Idaho State law.
These sound like simple rules to follow, but some licensed establishments break they law. And when restaurants, bars or liquor stores violate Idaho's liquor laws, the State's dram shop act kicks in, allowing people who are injured as a result of illegal alcohol service to hold the negligent establishment accountable. You may be able to sue, if evidence can be found that the drunk was served alcohol in violation of Idaho's liquor laws.
Social Host Liability
The same is true for social hosts. Like many other states, dram shop liability in Idaho extends to cover people who host private gatherings and serve alcohol or make it available.
Just like licensed establishments, social hosts have a duty to discourage underage drinking. They should also work to cut off guests who have already too much. When a social host fails to do so, and someone else is injured as a result, the social host can be held liable for financial compensation.
Idaho Dram Shop Time Limits
Idaho's statute of limitations acts as a time limit for filing a negligence lawsuit. In Idaho, injured parties have up to 2 years from the date of their injury to file a dram shop claim.
But Idaho actually has 2 time limits that you'll need to observe. Before filing suit, injury victims will have to send the potential defendant a "notice of claim," making them aware that a lawsuit could be on the way. The notice of claim must be submitted to the defendant within 180 days of the injury.