Wyoming Dram Shop Laws
Dram shop laws previously existed in many states, including Wyoming. Dram shops are another term for drinking and eating establishments that serve alcohol. Previous amendments to existing liability laws meant that store and restaurant owners, bartenders, waiters, and establishment management could be held criminally liable for serving a patron alcohol. This law only applies if the defendant left the restaurant or bar intoxicated and then caused a car accident or other injuries to a victim because of their intoxication. Now, dram shop laws are nearly obsolete except for one caveat. If a bar or restaurant provided alcohol to a minor or someone otherwise legally unable to consume it, the establishment can be held liable for the illegally-served patron’s subsequent negligence if they caused a car accident or other personal injury to another.
Serve Minors, Serve Time
Dram shop liability is nearly defunct for a few reasons. Primarily, courts have held that serving alcohol and driving are two different actions, and that the tavern owner might not have direct knowledge that a patron would later be operating a motor vehicle. Most importantly, no special relationship exists between the tavern owner and the public. In other words, there is no special duty the bar owner owes the general public, requiring the bar owner to “keep an eye” on the consumption of alcoholic beverages for all patrons in one evening. Doing so would be unnecessarily cumbersome and would likely infringe upon patrons causing a decrease in business.
There also exists a general rationale in most states that patrons are personally responsible for their own actions and malfeasance. Holding the bar owner vicariously liable for the drunk driver’s decision to operate a motor vehicle seems unfair when the bar owner cannot control the patron’s actions after he leaves the vicinity, and because the bar owner has no relationship with the patron like an employer/employee would. Rather, courts have held that liability actions for drunk driving accidents lie with the drunk driver.
However, if a bar or restaurant owner serves a minor illegally, whether they knew it or not, and that minor then proceeds to operate a car, motorcycle or truck, subsequently causing a car accident, the bar owner can be held criminally liable. Firstly, the restaurant or bar owner would be sanctioned or fined by the local liquor board for serving a minor. The restaurant’s liquor license might be temporarily suspended, and the owner or bartender serving the underage drinker could be held criminally liable for doing so. Wy. Stat. § 12-8-301 (2019). Ultimately it is the restaurant or bar employee’s duty to check identification prior to serving anyone alcohol.
Injuries and Collisions Because of Drunk Driving
The NHTSA reports that over 10,500 drunk driving accidents caused fatalities in 2018 alone. Even in remote areas of rural states, drunk drivers remain a lethal threat to other drivers, passengers and pedestrians present. If you were involved in a car accident and believe the other driver is intoxicated, call 911 or the local police station immediately. It is possible the driver may try to flee the scene. Do not attempt to follow them, as this could place you in further danger. Try to identify the make, model and color of the vehicle, a description of the driver or the license plate tags of the vehicle. Wait for help to arrive. If you are physically injured, request emergency medical attention. Take pictures of your vehicle damage and of damage to the roadway if safe to do so.
Call your insurance company to report the accident and then call Rocky Mountain Personal Injury Center as soon as possible to schedule a consultation. Drunk driving accidents are extremely heinous. Often the innocent driver of the struck vehicle or the passengers suffer serious, even life-threatening injuries or tragic death. If you suspect another driver on the road is driving drunk, call 911 even before an accident occurs. Doing so may save someone’s life.
Call Our Lawyers at Rocky Mountain Personal Injury Center
Our Rocky Mountain Personal Injury Center attorneys specialize in plaintiff’s personal injury cases. We have decades of combined experience fighting for the little guys and ensuring the injured and suffering are justly compensated for their injuries. If you or a loved one were involved in a serious car crash with a drunk driver, contact our attorneys as soon as possible. We are conveniently located in Logan, Utah, and we also represent clients in Wyoming and Idaho for all personal injury claims. Contact us today so you can get on the path to healing tomorrow.
