Idaho has what is called “dram shop liability”. This is just a fancy way of saying that a bar or tavern failed to cut someone off when they were obviously intoxicated. Here at Racine Olson, we have seen the consequences that can arise when a business owner fails to adequately train his or her employees regarding obvious intoxication of bar patrons. Society has seen the terrible effects that this can have on innocent people out on the roads. It is on the news, in newspapers, and even billboards along the highway. Still, people fail to operate their businesses in a responsible manner and innocent travelers are affected. Here at Racine Olson in Pocatello, we know how difficult these circumstances can be, and we would like to help.
Liquor Liability LawIn Idaho there is a statute, Idaho Code § 23-808, which provides that a person who has suffered injury or death because of an intoxicated individual may bring a lawsuit if a couple of conditions are met. First, they can bring the action if the intoxicated person was younger than the legal age at the time that they consumed the alcohol, and the provider knew or should have known that the intoxicated person was a minor. The other situation arises when an obviously intoxicated person is sold or furnished additional alcohol when the provider knew or should have known that the patron was obviously intoxicated. If these conditions are met, the business can be held responsible for causing or contributing to the accident which causes injuries to an innocent person.
In order to understand these complex areas of Idaho law, it is important to have an experienced attorney. Furthermore, the statute has limitations on when you can bring such a case. For instance, it provides that no case can be brought if the dram shop is not given 180 days’ notice. It is important to be aware of these missteps and avoid them, or your claim may be barred completely.
Right to DamagesAn Idaho liquor license allows an Idaho establishment to serve liquor. However, it must be responsible. When the establishment is not responsible, and the persons served are obviously intoxicated, injuries occur to Idaho citizens around the state and even here in Pocatello. Injuries can include medical bills, lost wages, loss of future earning capacity, property damages, and pain and suffering. In order to maximize a case, an experienced attorney is needed to explore the facts and assemble the case in an organized fashion.
This is where Racine Olson can help injured people. We know when an expert needs to be hired and are up to the challenge of discussing your claim with economists, vocational experts, and life care planners. In addition, we have the experience of knowing how to put a case on trial if it cannot be settled. In other words, we strive in every way to take the worry of the complex legal system away from you so that you can concentrate on getting well. Racine Olson. Problem Solved.