Thursday, May 5, 2011
WHAT IS THE VALUE OF MY PERSONAL INJURY CASE?
Who can I sue? "Dramshop" liability revisited
A knowledgeable Baltimore personal injury lawyer will tell you, a Dramshop Act is a law that imposes civil liability on the vendors of intoxicating liquor where, typically, that liquor is dispensed to someone who is obviously intoxicated, and that obviously intoxicated person then leaves the establishment, and injures another, often in a DUI related auto accident. As all experienced Baltimore personal injury attorneys know, the law in Maryland has always been that because the sale of the alcohol does not directly injure the third person, then there can be no liability on the seller- even if that sellers provides alcohol to a clearly excessively intoxicated person. Except one.
Drampshop revisit [5/4/11]: The Maryland Daily record is reporting that a Baltimore personal injury attorney has successfully convinced a trial court that a lawsuit seeking damages [Warr v. Dogfish] against a bar for selling liquor to an intoxicated driver that later killed a child, should be allowed to proceed. According to the paper [v. 122 No. 148] the ruling has been criticized in academic circles. It appears likely that ruling would be overturned on appeal, or, as some hope, the case may give the appellate court an opportunity to change the common law of Maryland and impose civil liability on the vendors of intoxicating liquor where that liquor is dispensed to someone who is obviously intoxicated, and later hurts some one.