When an intoxicated driver causes an accident, they are clearly responsible. However, other parties may share the blame. If a bar, restaurant, or another establishment continued to serve a person who was already clearly drunk, in some specific situations, you can file a lawsuit against the establishment. This area of law is known as dram shop liability in Missouri, and while it provides a path to justice, the state’s laws make these cases particularly challenging.
At DM Injury Law, we understand the anger and frustration drunk driving accident victims feel. Holding all negligent parties accountable is a critical step in the healing process and in securing the financial stability you need to move forward. The legal journey can be complex, but we’re here to help. Call (816) 888-7500 or contact us through our online form today for a free consultation.
Key Takeaways for Dram Shop Liability in Missouri
- Missouri law allows injury victims to file a lawsuit against a business that sells liquor if it serves a “visibly intoxicated” person who then causes harm.
- Proving a dram shop case requires showing, by “clear and convincing evidence,” that the individual was visibly intoxicated when they were served.
- The law, known as Missouri Revised Statute § 537.053, sets a high standard of proof for these claims, making them difficult to win without strong evidence.
- Evidence like witness testimony, surveillance video, and receipts is crucial for establishing that a vendor knowingly overserved a patron.
- Victims may be able to recover compensation for medical bills, lost wages, pain and suffering, and other damages from the responsible establishment.
What is Dram Shop Liability in Missouri?
The term “dram shop” might sound old-fashioned, and that’s because it is. It comes from 18th-century England, where establishments sold spirits by a small unit of measure called a “dram.” Today, the term refers to any business that sells alcoholic beverages, such as bars, restaurants, liquor stores, and nightclubs.
Dram shop liability is the legal principle that allows these businesses to be held financially responsible for selling alcohol to an individual who then goes on to cause injury or death to another person. The idea is to promote public safety by discouraging vendors from overserving patrons who could become a danger to the community.
In Missouri, this principle is codified in Missouri Revised Statute § 537.053. This law was created to balance the responsibilities of alcohol vendors with the rights of those harmed by intoxicated individuals. However, the law sets a very high standard for anyone trying to bring a bar overserving lawsuit in Missouri.
The High Bar for Proving a Dram Shop Claim in Missouri
Unlike a standard negligence claim, Missouri’s dram shop law requires a higher burden of proof. To succeed, an injured person must prove two key elements by “clear and convincing evidence,” which is a more demanding standard than the “preponderance of the evidence” used in most civil cases. Clear and convincing evidence means the proof must show that it is highly probable that the establishment served a visibly intoxicated person—not just more likely than not.
- A Patron Was “Visibly Intoxicated” When Served: The establishment must have sold alcohol to someone who was already showing clear signs of drunkenness. This is the most difficult part of a dram shop claim.
- The Intoxication Was the Proximate Cause of the Injury: Proximate cause is a legal term that, in simple terms, means there was a direct link between the person’s intoxication and the injuries you suffered. For example, if the overserved patron ran a red light and hit your car, their intoxication was a proximate cause of the crash.
Successfully proving both of these points requires a thorough investigation and compelling evidence, as the law is written to protect establishments from frivolous lawsuits.
What Does “Visibly Intoxicated” Mean in a Bar Overserving Lawsuit in Missouri?
The term “visibly intoxicated” is not explicitly defined in the statute, leaving it open to interpretation. It refers to the outward signs a person displays when they have had too much to drink. A bartender or server should be trained to recognize these signs and stop serving alcohol to that person.
Evidence used to prove a person was visibly intoxicated can include:
- Slurred speech or incoherent conversation
- Stumbling, swaying, or an inability to walk straight
- Aggressive or unusually loud behavior
- Spilling drinks or fumbling with their wallet
- Bloodshot or glassy eyes
Because these behaviors can be subjective, building a strong case often depends on gathering objective proof. This may involve witness testimony from other patrons, testimony from the establishment’s employees, surveillance footage from inside the bar, and credit card receipts or bar tabs showing the sheer volume of alcohol served in a short period. An experienced attorney knows how to act quickly to preserve this evidence before it is lost or destroyed.
Who Can Be Sued Under Missouri’s Dram Shop Law?
Missouri’s law applies to any business licensed to sell liquor “by the drink” for consumption on the premises or any business that sells liquor in its original package. This includes a wide range of establishments.
- Bars and taverns
- Restaurants that serve alcohol
- Nightclubs and concert venues
- Sports stadiums, like Arrowhead Stadium in Kansas City or Busch Stadium in St. Louis
- Liquor stores and convenience stores
It is important to note what is not covered. Missouri law provides significant protection for social hosts. This means if you are injured by a drunk driver who was overserved at a private barbecue, birthday party, or holiday gathering, you generally cannot sue the host of the party. The law specifically targets commercial vendors, not private citizens.
A Stricter Standard: Establishment Liability for Serving Minors
The devastation caused by a drunk driving accident is even more tragic when an underage driver is involved. Recognizing the unique danger of underage drinking, Missouri law creates a specific, though narrow, path to hold commercial establishments accountable if they illegally sell alcohol to a minor who then causes harm. This rule applies a stricter standard to licensed vendors to discourage them from putting profits before the safety of our communities.
Under Missouri’s Dram Shop statute, an establishment can be held financially liable for injuries caused by an intoxicated minor. The plaintiff must show by clear and convincing evidence that the establishment knowingly served alcohol to a visibly intoxicated person or a minor.
How Do Missouri’s Laws Compare to Neighboring States?
For residents in cities like Kansas City and St. Louis, which sit on state lines, understanding the differences in dram shop laws can be crucial. The legal landscape can change significantly just by crossing a bridge.
- Kansas: Kansas does not have a dram shop law that imposes civil liability on establishments or individuals who serve alcohol to minors or intoxicated persons. The state’s dram shop statute was repealed in 1949, and the Kansas Supreme Court has consistently ruled that suppliers of alcohol are not liable to victims injured by intoxicated persons. While criminal penalties exist for serving minors or intoxicated persons, there is no civil cause of action against vendors for injuries caused by intoxicated patrons. Advocates continue to push for the enactment of a dramshop law to provide additional accountability.
- Illinois: For those in the St. Louis metro area, Illinois law is notably different. The Illinois Dram Shop Act (235 ILCS 5/6-21) is generally considered more favorable to victims. It does not require proof that the patron was “visibly” intoxicated. Instead, it imposes liability if the establishment sold alcohol that caused the intoxication, which then led to an injury. This lower threshold can make it easier to hold a restaurant liable for a drunk driver in Illinois compared to Missouri.
These legal distinctions highlight why it is so important to work with a law firm that understands the nuances of regional laws and has the resources to handle cases across state lines.
What Kind of Compensation Can Be Recovered in a Dram Shop Case?
If you are successful in a dram shop liability Missouri claim, you can seek compensation for the full scope of your losses. This is crucial, as the damages from a drunk driving accident can be catastrophic and life-altering. While the drunk driver’s insurance is the primary source of recovery, a dram shop claim can provide a vital secondary source, especially in cases of severe injury or death.
Compensation, often called damages, may include:
- Economic Damages: These are the tangible, financial losses you have incurred. This includes all past and future medical expenses, lost wages from being unable to work, diminished future earning capacity, and property damage to your vehicle.
- Non-Economic Damages: These damages are meant to compensate you for the intangible, personal losses that have no exact dollar value. This can include physical pain and suffering, emotional distress, mental anguish, scarring or disfigurement, and loss of enjoyment of life.
- Wrongful Death Damages: If you lost a loved one in a drunk driving accident, your family may be able to pursue a wrongful death claim. This can help cover funeral and burial expenses, the loss of the deceased’s financial support, and the profound loss of their companionship, guidance, and consortium.
Pursuing these damages helps provide the financial resources your family needs to rebuild while also holding irresponsible establishments accountable for their role in the tragedy.
Challenges and the Importance of Acting Quickly
Dram shop cases are complex and vigorously defended. The bar or restaurant’s insurance company will likely argue that their employees acted responsibly, that the patron did not seem intoxicated, or that their actions were not the direct cause of the accident.
Bars often defend these cases by claiming their staff acted responsibly or that the patron did not appear intoxicated at the time of service. An experienced attorney can counter these arguments through witness testimony and expert analysis.
This is why time is of the essence. The statute of limitations for personal injury claims in Missouri is generally five years, but the timeline for gathering critical evidence is much shorter.
- Video surveillance footage is often erased on a loop, sometimes within 24 to 72 hours.
- Witnesses’ memories fade over time, and they may become difficult to locate.
- Credit card receipts and sales records can be lost or discarded.
An immediate investigation is the key to building a strong case. Preserving evidence before it disappears can make the difference between securing the compensation you deserve and walking away with nothing.
FAQs: Dram Shop Liability in Missouri
Here are answers to some common questions our firm receives about holding establishments accountable for overserving alcohol.
What if the drunk driver who hit me was uninsured or underinsured?
This is a situation where a dram shop claim can be incredibly important. If the at-fault driver has no insurance or carries only the minimum policy limits, which may not be enough to cover your damages, a successful claim against the bar or restaurant can provide another source of financial recovery to pay for your medical bills and other losses.
Can the intoxicated person sue the bar for their own injuries?
Generally, no. Missouri’s dram shop law is designed to protect innocent third parties who are harmed by the actions of an intoxicated person. The law does not typically allow the intoxicated individual to sue the establishment for injuries they sustained due to their own drunkenness.
What happens if multiple bars overserved the person who caused my accident?
This is a complex but possible scenario. If an investigation reveals that a person drank at multiple establishments and was visibly intoxicated when served at each, it may be possible to hold more than one establishment accountable. Under the legal doctrine of joint and several liability, each party that contributed to the harm could potentially be held responsible for the full extent of the damages.
A Firm with the Resources to Hold All Parties Accountable
When a commercial establishment puts profits ahead of public safety, the consequences can be tragic. Filing a bar overserving lawsuit in Missouri is not just about securing compensation; it’s about sending a message that this behavior is unacceptable. These cases require significant resources, a deep knowledge of the law, and a willingness to stand up to large corporations and their insurance carriers.
The team at DM Injury Law has the experience and determination to handle these complex claims. We can help by:
- Launching an immediate investigation to preserve crucial evidence like video footage and receipts.
- Interviewing witnesses while their memories are still fresh.
- Hiring toxicologists and other experts to help establish the timeline of intoxication.
- Building a compelling case that meets Missouri’s demanding “clear and convincing evidence” standard.
- Fighting tirelessly to ensure all responsible parties contribute to your recovery.
You are not just a case number to us. You are a member of our community who has been deeply wronged. If you or a loved one has been injured by a drunk driver, let us help you explore every available legal option. Contact us today at (816) 888-7500 or through our online form for a free, no-obligation consultation to discuss your case.
Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.