I went to a bar and they over-served me with alcohol. If I got into a car accident after I leave the bar, is the establishment responsible for the personal injury caused?
March 6th, 2013 by Patrick Hogan
Those who supply alcoholic beverages to a person may be liable for injuries sustained by that person or by third persons as a proximate result of the alcohol consumption. Liability is predicated on the general principle that persons are responsible for injuries legally caused by their willful or negligent acts [(CC § 1714(a)].
Most suits against the provider of the alcoholic drinks hold the provider liable on negligence theory. But failure to exercise due care by providing alcoholic beverages does not make out a prima facie negligence case if there is no showing that the defendant owed the injured plaintiff a duty of due care.
If there is no “special relationship,” a bartender has no legal duty to respond to an inebriated customer’s request to arrange a ride home. There being no duty, the bartender cannot be held liable for the customer’s subsequent injury or death in a drunk-related accident. “Special relationships” rest on various grounds. Some are inherently “special”; others arise from a contract (written or oral) or from detrimental reliance on an express or implied promise (e.g., to provide protection); and still others are imposed by statute or regulation [Lopez v. Southern Calif. Rapid Transit Dist. (1985); Seo v. All–Makes Overhead Doors (2002)].
Even assuming a prima facie negligence case can be established, the alcohol provider’s damages exposure is severely restricted by express statutory immunity from civil liability for any injury caused by the alcohol consumer. The immunity protects both “social host” providers and those in the business of selling alcoholic beverages (“dramshops”) [CC § 1714(b)].
To learn more about possible civil liabilities of those who provide alcohol, and possible remedies if applicable, consult with an experienced personal injury attorney.