The law in Indiana states that any business which serves alcohol to its customers (known as “dram shops,” an antiquated name for a bar or tavern) has a responsibility not to over-serve them and imposes strict liability on that business if an over-served customer leaves their establishment and harms another person, whether in a car accident or even more tragic and frightening cases such as battery or rape.
Dram shop cases are very complicated, however, as the burden of proof is on the injured party to prove that the bar, tavern, or restaurant knew that the person they over-served was intoxicated when they continued to provide him or her alcohol, and that their intoxication was a contributing factor to the injury they later caused.
Obviously, most bars and restaurants have cameras. However, savvy business owners have a policy wherein they delete any footage after a very short time frame, sometimes as frequently as every week. They do this so that the evidence which is stored on their camera cannot be used against them to collect a substantial money judgment against them for over-serving their customers.
If you believe someone has injured you because of their intoxication and you also are aware that this person was drinking at a public location or function, it is critical that you obtain counsel immediately so that the evidence the “dram shop” possesses is preserved and that your potential case against the bar or restaurant can be thoroughly researched and aggressively pursued. Stracci Law Group is experienced in Dram Shop law and can help you with your case. Call (219) 525-1000 today for a free consultation, and get the answers you are looking for.