When someone leaves a bar intoxicated and causes a crash, the devastation ripples far beyond the initial collision. Families face unimaginable loss, victims endure life-altering injuries, and communities grapple with preventable tragedy.
Tennessee recognizes that bars and restaurants serving visibly intoxicated patrons share responsibility when those patrons cause harm. These establishments have a duty to protect the public—and when they fail, victims deserve answers.
This is where Tennessee dram shop laws may apply. Learn more from the Knoxville car accident lawyers at The Lawyers of Brown & Roberto.
What Are Dram Shop Laws?
Dram shop laws allow injury victims to hold alcohol-serving establishments liable when their negligent service contributes to harm. The term “dram shop” originates from 18th-century establishments that sold alcohol by the dram, a small unit of liquid measure.
Today, these laws apply to bars, restaurants, nightclubs, and any licensed vendor selling alcohol. Tennessee’s dram shop statute encourages responsible alcohol service and provides recourse when establishments overserve their patrons.
While many people associate dram shop laws exclusively with drunk driving accidents, they apply to any injury caused by an intoxicated person.
If someone who has been overserved stumbles and injures you, or becomes violent and assaults another patron, the establishment may be liable.
When Can Tennessee Bars and Restaurants Be Held Liable?
In Tennessee, you can bring a lawsuit against a bar or restaurant only if two requirements are met:
- The business sold alcohol to someone under 21 or to someone who was visibly intoxicated.
- The alcohol consumption directly caused your injury.
Tennessee imposes an exceptionally high burden of proof. You must establish causation beyond a reasonable doubt, the same standard used in criminal cases. This means you must prove the alcohol consumption caused your injury with near certainty, leaving no reasonable alternative explanation.
Most civil lawsuits require only a preponderance of the evidence, which means that the defendant is more likely than not responsible for the harm—a significantly lower threshold to meet.
Proving a Dram Shop Claim in Tennessee
Building a successful dram shop case requires substantial evidence demonstrating both visible intoxication and causation. Your attorney will gather surveillance footage showing the patron’s condition, obtain witness statements from staff and other customers, and secure receipts documenting drink sales.
Expert testimony from toxicologists can reconstruct blood alcohol levels, while accident reconstruction specialists establish how intoxication caused a motor vehicle crash.
Even when a person is clearly intoxicated, defense attorneys may argue alternative causes for the incident: distraction from a cell phone, mechanical failure, or poor road conditions.
A jury might conclude that recklessness, rather than intoxication, caused your injury. A Knoxville drunk driving accident lawyer can anticipate these defenses, building comprehensive evidence that isolates alcohol impairment as the direct cause of your injuries.
Speak with a Tennessee Dram Shop Attorney Today
Bars and restaurants that over serve intoxicated patrons put everyone on the road at risk. When a drunk driver causes a crash, the establishment that continued serving them alcohol may share responsibility for the devastation that follows.
The Lawyers of Brown & Roberto has held negligent establishments accountable when their actions contributed to serious injuries or wrongful death.
If you have been hurt by a drunk driver who was over served, contact us at (865) 674-1638. Our attorneys will fight for your maximum compensation from every available source.