If you or a loved one were injured in a DUI accident, Mississippi's dram shop law may be able to help. In Mississippi, bars, restaurants and nightclubs can be held accountable for illegal alcohol service.
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Were you or a loved one injured in a drunk driving crash in Mississippi? You may be eligible to secure financial compensation. After a severe car accident, it's only natural to begin thinking about filing a lawsuit, but most of us only consider suing the drunk driver responsible for the crash. In Mississippi, however, injury victims may be eligible to file suit against the bar, restaurant, nightclub or liquor store who served the alcohol in the first place.
Filing A Dram Shop Lawsuit In Mississippi
This is known as a dram shop lawsuit, and it's made possible by Mississippi's dram shop law. According to this law, licensed establishments can be held accountable for over-serving a patron who is already "visibly" intoxicated. That's the only circumstance that can serve as the basis of a dram shop claim, the only violation for which a liquor store or bar can be sued.
To secure compensation, injury victims are required to prove a violation of the dram shop law, then link the violation to a DUI car accident, bar fight or other alcohol-related incident. The perpetrator's intoxication, derived from the improper alcohol service, must have contributed to the crime or accident.
Limited Social Host Liability
A limited form of dram shop liability extends to social hosts in Mississippi. People who hold private parties can be held accountable for serving alcohol to a minor, in the event that the minor goes on to cause an accident that injures someone else.
Social hosts, however, can not be held liable for injuries caused by intoxicated adults, even if the perpetrator was served alcohol after becoming visibly intoxicated.
Dram Shop Statute Of Limitations
Like any other type of lawsuit, dram shop claims are governed by a strict statute of limitations. This state law is like a legal time limit; it restricts the amount of time you have to file suit. If you try to file a lawsuit after the applicable statute of limitations has run its course, your case will be dismissed without a second thought. The statute of limitations for dram shop lawsuits in Mississippi is 3 years, beginning on the date of injury.