When someone is injured in a drunk driving accident, most people will point fingers at the drunk driver. While they are still responsible for their negligent actions, they may not be the initial cause of the accident.
Have you considered whether a bar or restaurant overserved this customer? Missouri’s Dram Shop Laws ensure that bars, restaurants, and similar establishments can also be held accountable for their role in these tragedies.
Learn how bartenders and their employers can be held responsible in Missouri drunk driving cases.
Does Missouri Have Dram Shop Laws?
Yes, Missouri has dram shop laws in place. They are outlined under Missouri Revised Statutes Section 537.053. These laws allow individuals injured by drunk drivers to hold any commercial establishment that serves alcohol. This can include:
- Bars
- Restaurants
- Social clubs
- Theaters
- Events
- Sports games
- And more
Missouri’s dram shop statute targets two specific scenarios:
Serving Visibly Intoxicated Individuals
Establishments are prohibited from continuing to serve anyone who is visibly impaired. This could include apparent signs such as slurred speech, lack of coordination, or aggressive behavior.
While blood alcohol content (BAC) cannot be used as definitive evidence of visible intoxication, it can be introduced as relevant supporting evidence.
The law also protects employees of establishments who refuse to serve customers they deem visibly intoxicated, ensuring they cannot be terminated for prioritizing the safety of their customers and following the law.
Serving Minors
Giving alcohol to anyone under the age of 21 is illegal, and such actions can make bars and restaurants liable for negligence. To hold the establishment liable for serving someone underage, you’ll need to prove:
- That they did not ID the customer
- They willingly accepted an ID that was under the age of 21
Proving Liability in Missouri Dram Shop Cases
The plaintiff and their attorney must demonstrate that the establishment “knowingly” served an already drunk person or a minor. The evidence required to establish liability can include:
- Eyewitness accounts
- Surveillance footage showing signs of intoxication at the time of service
- Receipts indicating continued alcohol purchases after visible drunkenness
A Brief History of Missouri Dram Shop Laws
While dram shop laws have a long history across the United States, Missouri’s legislation on this matter really took effect in the 1980s. Before this law, liability often fell solely on intoxicated drivers, leaving bars off the hook.
Over time, Missouri updated its dram shop laws to reflect a shared commitment to public safety and proper alcohol service standards. The statute provides guidelines concerning the burden of proof.
Understanding the Statute of Limitations for Drunk Driving Car Accidents
Time matters when filing a personal injury case. Under Missouri law, victims generally have 5 years from the accident date to file a claim. It’s important to speak to a lawyer so you have time to build a strong case and seek the financial compensation you deserve and need.
- Important note: Beginning August 28, 2025, the statute of limitations for filing an injury claim in Missouri will be reduced to 2 years. It’s crucial to contact an attorney as soon as possible with this reduced timeframe.
Learn More Here: Reducing Missouri Personal Injury Statute of Limitations.
How a Missouri Dram Shop Lawyer Can Help
Trying to handle dram shop law claims in Missouri can be overwhelming without professional legal support. An experienced Missouri dram shop lawyer offers several advantages, including:
- Case Assessment: Determining whether the dram shop laws apply to your specific situation.
- Gathering Evidence: Collecting receipts, surveillance footage, and interviewing witnesses to prove liability.
- Interpreting the Law: Building a strong case by interpreting the complex dram shop statutes.
- Maximizing Compensation: Seeking damages for medical bills, lost wages, emotional trauma, and more.
Real-Life Examples of Successful Cases
Here’s how DM Injury Law helped victims of drunk driving accidents:
- $1,250,000: Our client’s son tragically lost his life in a car crash caused by an intoxicated driver traveling the wrong way on I-435 in Kansas City, Kansas.
- $1,100,000: Our client’s sister tragically lost her life in a car accident caused by a drunk driver. The driver ran a red light and t-boned the car where our client’s sister was a passenger.
Injured in a Car Crash? Mike’s Got This!
If you or a loved one has been injured in an accident involving a drunk driver, know that you have rights. With Missouri’s dram shop laws, you may be able to hold negligent bars and restaurants accountable for their irresponsible actions.
DM Injury Law is committed to helping victims get the justice and compensation they deserve. We have offices throughout Missouri, including:
Ready to tell your story? Call us at (816) 888-7500 or contact us online today for a free consultation. We are a contingency-fee-based law firm, which means you don’t have to pay unless we win your case.
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