Were you or a loved one injured in a DUI accident in North Dakota? You may be eligible to recover significant financial damages. North Dakota's dram shop act provides injury victims and their loved ones a powerful option after alcohol-related accidents.
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If you or a loved one were injured in a drunk driving accident in North Dakota, the dram shop law may be able to help. This law allows injury victims and their loved ones to file suit against a licensed establishment for negligent alcohol service.
Filing A Dram Shop Claim In North Dakota
Bars, restaurants and nightclubs violate the dram shop act all the time, but you can fight back. When a licensed establishment breaks the law, then one of its drunken patrons goes on to cause severe injuries, the victims may be able to hold the establishment accountable in a lawsuit. These lawsuits are known as dram shop claims.
A dram shop lawsuit must be based on a violation of the dram shop act. In North Dakota, the dram shop act notes two separate violations:
- serving alcohol to a minor (someone who is under the age of 21)
- serving alcohol to someone who is "obviously intoxicated" at the time of service
Either of these violations can serve as the foundation of a dram shop claim, if the intoxicated patron goes on to cause an alcohol-related accident. These sort of lawsuits are most common after DUI accidents, but may also arise after bar fights and falls.
Broad Social Host Liability
In fact, North Dakota's dram shop law even goes so far as to cover social hosts, as well. A social host is someone who serves alcohol or makes it available at a private party. Social hosts are responsible for serving (or "furnishing") alcohol in a reasonably safe manner.
Social hosts who allow minors to drink, or continue to serve guests after they have become visibly intoxicated, can be held accountable for doing so, in the event that the guest goes on to cause severe injuries.
Dram Shop Time Limits
Like every other type of injury lawsuit, dram shop claims are governed by a strict statute of limitations. This law serves as a legal time limit, restricting the amount of time injury victims and their family members have to file suit. The statute of limitations for dram shop lawsuits in North Dakota is currently set at 6 years, beginning on the date of injury.