A drunk driving accident can turn your world upside down in just seconds. But the crash itself is only the start of a long, difficult journey for victims and their families. Many people don’t realize that in Indiana, the driver may not be the only one responsible. Indiana’s Dram Shop Law offers victims a powerful legal remedy: it allows you to seek justice and compensation from establishments or individuals who negligently served alcohol to someone already intoxicated.
At Foley & Murphy, our South Bend and Fort Wayne teams of experienced personal injury attorneys guide victims through these complex cases.
Read on to learn how Indiana’s Dram Shop Act could be the key to securing the full recovery your family deserves.
What Is a “Dram Shop” and What Does the Law Cover?
The term Dram Shop means any business or person who serves alcohol. (bars, restaurants, liquor stores, or even a host at a private party).
Indiana’s Dram Shop Act (IC 7.1-5-10-15) was designed to prevent unsafe alcohol sales or service and offer injured parties a path to legal recourse.
In short: If someone is hurt by an intoxicated driver, not just the driver but also the alcohol provider may be held responsible.
Key Elements of Indiana’s Dram Shop Act
Key Elements of Indiana’s Dram Shop Act
1. Focus on Negligence
Indiana Dram Shop cases revolve around the concept of negligence. Holding a third party liable for serving alcohol to someone who was already noticeably drunk.
2. The “Actual Knowledge” Requirement
One of the most important elements is actual knowledge. This means:
- The bar, restaurant, or individual had actual knowledge the person they were serving was visibly intoxicated.
- Signs of intoxication may include slurred speech, stumbling, aggression, or trouble standing upright.
If a bartender or party host ignores obvious signs of severe intoxication and continues to serve alcohol, they may be held liable if that person causes an accident.
3. Causation
To succeed, the victim also must show that the drunk driver’s intoxication was the direct cause of the injuries that followed. There must be a clear connection between the negligent alcohol service and the damage done.
Seeking Justice Beyond the Drunk Driver
Expanding Accountability
Why does this law matter so much? Often, drunk drivers lack enough insurance or personal assets to cover the costs of medical care, lost wages, and long-term pain and suffering. Dram Shop claims allow victims to hold businesses and hosts responsible for their actions, especially since these entities often have larger insurance policies to cover such incidents.
Indiana’s Dram Shop Act is not just about punishing negligence; it helps victims recover financially from all responsible parties.
Example Scenario
Imagine a local bar continues to serve a patron who can barely stand, then that patron causes a crash hours later. Under Indiana’s Dram Shop Act, the victims of this accident may have the right to seek compensation not just from the driver, but also from the bar. This expands opportunities for recovering damages and can make a life-changing financial difference.
What Should You Do If You’ve Been Injured?
Taking action, even in small ways, after a drunk driving accident can have a significant impact down the road. Here’s what you should consider doing:
1. Get Medical Attention
Your health is most important. Seek immediate care and keep all records.
2. Document Everything
Keep police reports, photos, witness names, and any receipts that might show where alcohol was purchased or served.
3. Preserve Evidence
Save everything, especially information about the establishment or individual who provided alcohol.
4. Contact an Experienced Attorney
Indiana Dram Shop cases are legally complex and require local legal knowledge. The team at Foley & Murphy have decades of experience successfully helping victims.
Why Foley & Murphy Is Your Partner in This Fight
Local Expertise
Our South Bend firm knows Indiana’s personal injury and Dram Shop laws inside and out. Foley & Murphy combine deep local roots with decades of experience handling these exact cases.
Commitment to Victims
Our mission is to fight for full justice for individuals and families hurt by drunk driving. We pursue maximum compensation for medical bills, lost wages, emotional distress, and more.
Proven Results
Foley & Murphy have helped countless clients secure fair settlements and verdicts. To learn more about how we can assist you, see Why Choose Foley & Murphy.
Take Control of Your Recovery & Claim the Justice You Deserve Today
Indiana’s Dram Shop Law opens a crucial pathway to justice for victims of drunk driving accidents. If you or someone you care about is suffering, don’t settle for less. Hold all responsible parties accountable and fight for the compensation you deserve.
Contact Foley & Murphy for a FREE consultation today. We’ll listen, advise, and stand with you at every turn. Explore your legal options and let us guide you toward real recovery.
