Idaho dram shop liability, liquor liability, or simply the failure to cut some one off can result in terrible consequences. At Racine Olson, we have seen the terrible consequences of what can happen when a business owner fails to be responsible for his or her patrons and continues to serve someone who is clearly intoxicated. We are personal injury attorneys and feel privileged whenever someone in Idaho trusts us with their claim. It doesn’t matter where the person is from whether in Coeur d’Alene, Boise, Idaho Falls, Pocatello, Twin Falls, or all the places in between.
Idaho Dram Shop LawA dram shop claim in Idaho arises in several situations. Idaho Code § 23-808(3) provides that:
A person who has suffered injury, death or any other damage caused by an intoxicated person, may bring a claim or cause of action against any person who sold or otherwise furnished alcoholic beverages to the intoxicated person, only if:
- The intoxicated person was younger than the legal age for the consumption of alcoholic beverages knew or ought reasonably to have known at the time the alcoholic beverages were sold or furnished that the intoxicated person was younger than the legal age for consumption of the alcoholic beverages; or
- The intoxicated person was obviously intoxicated at the time the alcoholic beverages were sold or furnished, and the person who sold or furnished the alcoholic beverages knew or ought reasonably to have known that the intoxicated person was obviously intoxicated. Dram shop liability, or liquor liability, involves bodily injury or personal damage in which a person or business can be held responsible for causing, or contributing to, the intoxication of the driver, furnishing alcoholic beverages to a person under legal drinking age, or serving alcohol to someone who is visibly intoxicated.
In order to understand this complex area, its best to contact an experienced Idaho personal injury attorney that has practiced in this challenging part of negligence law. For instance, the statute above allows a claim if the person being served is under the legal age or was obviously intoxicated while he or she was being provided alcohol.
However, there are some defenses such as the fact that the statute requires 180 notice and a person cannot bring a dram shop cause of action if he or she was the passenger in the car of the person who was drunk. Idaho Code § 23-808(4)-(5). It is important that a practitioner be aware of these possible missteps and avoid them. Indeed, the failure to do so can result in a claim being lost completely. At Racine Olson, we’ll treat you like family and your claim like family member’s own problem. We’ll take the time to listen and address your concerns regardless of where you live in Idaho or how far you are from our Pocatello or Boise office.
Personal Injuries and Damages Resulting in These CasesWhen an Idaho establishment obtains a liquor license, that entity is agreeing to be responsible and serve people in a safe manner. Not every business is responsible. When someone is served too much, then terrible injuries can occur on Idaho roads and highways to innocent people These injuries include medical bills, lost wages, a failure to be able to work in the future, property damages, and pain and suffering. You need a personal injury attorney like the ones at Racine Olson to analyze your case, organize the facts, acquire the witnesses, and represent you in the matter.
This is where Racine Olson can help. We know how to find the right experts. We’re not afraid to go talk to your physicians, learn the medicine, and explain it to a jury. We are up to the challenge of talking to economists, life care planners, and therapists to maximize your case’s value. That’s what we do with all our cases. We’ve done it before and we’re happy to do our best for you. It doesn’t matter whether it is a big or small case. We do our best to make sure you are taken care of and pleased with the result. That’s what Racine Olson has been doing for 70 plus years. We take problems from people, address them, and solve them. Give us a call. Problem solved.