Can Indiana Bars & Restaurants Be Sued for Overserving Someone?

We occasionally receive questions regarding whether or not Indiana bars can be sued for overserving someone. The short answer is, “Yes, it is possible.”

However, for a lawsuit to be successful against a negligent bar, it must meet a number of criteria that fall under Indiana’s dram shop laws.

Not often used in everyday conversation, a “dram shop” is simply another name for a bar or tavern that serves alcohol.

In addition to bars or taverns, Indiana’s dram shop laws also govern restaurants, liquor stores, and other commercial or private settings that sell or furnish alcohol to their patrons and guests.

So what exactly is the purpose of Indiana’s dram shop laws, and how does it protect you?

Indiana’s Dram Shop Law

At its core, the Hoosier state’s dram shop law is designed to help protect us from the negligent acts of intoxicated people by way of a lawsuit. (Our dram shop law can be found in its entirety at Indiana Code 7.1-5-10-15.)

As such, if you are injured by someone in an alcohol-related incident, you have the legal right to seek damages from two parties:

1. The intoxicated person who is at fault for the accident.
2. The establishment or individual who sold or furnished the alcohol to the intoxicated person.

The types of damages you can seek from a dram shop lawsuit can vary depending on your case, but often include:

• Cost of medical bills related to the accident/injury.
• Lost wages as a result of time off work.
• Pain and suffering.

With those points in mind, there are a number of conditions that must be met for a dram shop lawsuit to be successful.

Most importantly, it must be proven that the person who sold, served, or provided the alcohol had knowledge that the negligent party was intoxicated and that their intoxication was a foreseeable cause of the injuries.

Boulton Law Group has relied on a number of pieces of evidence when investigating potential dram shop cases, including:

• The blood alcohol level findings contained in a police or criminal report.
• Video footage from a bar, restaurant, or other establishment.
• Witness statements
• Receipts
• Deposition statements

Indiana dram shop cases can be difficult to prove, especially if too much time passes and evidence begins to disappear.

If you were injured by an intoxicated person, we recommend that you contact an experienced Indianapolis personal injury attorney so that they can help to determine if Indiana’s dram shop laws may apply to your potential case.

Examples of Dram Shop Law & Liability

The following scenarios are two examples of how dram shop law may factor into a potential lawsuit:

Scenario #1 – Let’s assume Paul is at a local bar, and after having a number of drinks the bartender and other patrons begin to notice that his speech is somewhat slurred and when he stands up to walk his gait is unsteady.

Instead of advising Paul that he can no longer serve him any additional drinks, the bartender continues to provide him with alcohol. Paul’s intoxication level rises and when he leaves the bar he rear-ends another car, injuring himself and the driver of that vehicle.

Indiana’s dram shop laws would allow for the driver who was rear-ended in the car accident to seek potential damages from Paul and the bar where he had been overserved.

As for Paul, because he was the intoxicated party who caused the injuries, dram shop laws do not allow for him to seek damages against the bar, despite the fact that he was also injured.

Scenario #2 – Lisa is attending her friend’s housewarming party where there is a large gathering of adults, many of which are drinking alcohol provided by the host.

As the night goes on, Lisa and her friends become more intoxicated. At one point, she joins a number of people outside near a firepit. As she is walking about, she stumbles into another guest, knocking them over the firepit and causing the person to break their arm.

Because the host was providing their guests with the alcohol, and there were prior indications that they were visibly intoxicated, Indiana’s dram shop laws would allow for the injured party to file a personal injury claim against the homeowner’s insurance policy.

In short, Indiana’s dram shop law applies equally to commercial establishments that sell or furnish alcohol and private residences who do the same.

Questions About an Alcohol-Related Accident?

If you were struck by a drunk driver, or otherwise injured in an alcohol-related incident, you may have a significant claim for damages.

Attorney Matt Boulton is an award-winning personal injury attorney with more than 20 years’ experience helping accident victims throughout Indiana.

Boulton Law Group offers a Zero Fee Guarantee to anyone hurt by another party’s negligence. This promise means that you will never pay for a consultation, and the only time our firm receives payment is after we win your case.

Experienced and friendly advice is a free call away. To speak with Matt today, you can reach him at 317-350-2680.

If you prefer to write to us, please use our confidential contact form. Matt personally reviews every website contact received at our firm.

We look forward to hearing your story and learning how we can help!