Understanding Pennsylvania Dram Shop Laws: How a Philadelphia Dram Shop Lawyer Can Help You Seek Justice

In Pennsylvania, establishments that serve alcohol have a legal responsibility to do so responsibly. When a bar, restaurant, or other alcohol-serving establishment over-serves a visibly intoxicated patron who then causes harm, the injured party may have legal recourse under Pennsylvania’s dram shop laws. If you or a loved one has been injured due to the negligence of an alcohol vendor, a Philadelphia dram shop attorney at the Wieand Law Firm can help you pursue the compensation you deserve.

What Are Pennsylvania Dram Shop Laws?

Pennsylvania’s dram shop laws hold bars, restaurants, and other establishments liable if they serve alcohol to a visibly intoxicated person who later causes injury or death. These laws are designed to promote responsible alcohol service and protect the public from preventable harm caused by drunk driving and alcohol-related incidents.

Recent cases illustrate how these laws are enforced and the serious consequences for negligent alcohol service.

Bitler v. McCollum (2016) involved a head-on collision caused by a drunk driver who had been served alcohol while visibly intoxicated at two Northumberland County bars. Tragically, the collision resulted in the death of another driver. The lawsuit alleged that the bars continued to serve the driver despite clear signs of intoxication. The case was settled for $2.3 million, highlighting the financial and legal repercussions for establishments that violate dram shop laws.

Similarly, Joseph Mercado’s case (2010) resulted in a $6.6 million settlement after he became a quadriplegic following a single-vehicle accident. Mercado sued two bars in East Stroudsburg, Pennsylvania, for serving him while he was visibly intoxicated, arguing that their negligence directly led to his devastating injuries. The substantial settlement underscores the importance of holding bars accountable for irresponsible alcohol service.

Proving a Dram Shop Claim in Pennsylvania

To successfully pursue a dram shop claim, a plaintiff must establish that:

1. The establishment served alcohol to a visibly intoxicated person.
2. The intoxicated individual’s actions directly caused injury or harm.

In dram shop claims, success often depends on evidence such as:

• Surveillance footage or eyewitness testimony confirming the patron was visibly intoxicated when served.
• Bar tabs or receipts indicating excessive alcohol consumption.
• Expert testimony analyzing blood alcohol content (BAC) levels to establish intoxication at the time of service.
• Medical records and accident reports linking the injuries to the over-service of alcohol.

Legal Strategies for Success

A personal injury attorney handling a dram shop claim must strategically focus on demonstrating liability through multiple angles:

1. Establishing the Defendant’s Knowledge – Proving that bar staff knew or should have known that the patron was already intoxicated when they continued serving alcohol.
2. Linking Causation – Demonstrating a direct connection between the over-service of alcohol and the injuries suffered by the plaintiff.
3. Overcoming Common Defenses – Defense attorneys may argue that the patron’s actions were independent and that the bar should not be held fully responsible. A strong counterargument would emphasize the establishment’s duty of care and failure to act responsibly.

Compensation Available in Dram Shop Cases

Victims of dram shop violations may be entitled to compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Wrongful death damages (in fatal cases)

A knowledgeable Philadelphia dram shop attorney can assess your case and fight for the maximum compensation available under the law.

How the Wieand Law Firm Can Help

At the Wieand Law Firm, our personal injury attorneys have extensive experience handling dram shop claims. We understand the complexities of Pennsylvania’s liquor liability laws and are committed to holding negligent establishments accountable. Our team works tirelessly to build strong cases for our clients, using expert testimony and thorough investigations to secure favorable outcomes.

If you or a loved one has suffered injuries due to an over-served patron at a bar or restaurant, don’t navigate the legal system alone. Contact a Philadelphia dram shop lawyer at the Wieand Law Firm today for a free consultation. We are here to advocate for your rights and help you pursue the justice and compensation you deserve.

Call us today to schedule your consultation and learn how we can assist you in your dram shop claim.