- Gather Evidence: Collecting compelling evidence is crucial in establishing liability. This may include eyewitness testimonies, surveillance footage showing the intoxicated patron’s behavior, receipts or credit card statements indicating alcohol purchases, and expert opinions on the effects of intoxication.
- Establish Causation: To win a dram shop case, plaintiffs must demonstrate a clear causal link between the establishment’s service of alcohol and the harm suffered. This requires proving that the intoxicated patron’s actions, such as causing a car accident or engaging in violent behavior, were a direct result of being served alcohol while visibly intoxicated.
- Comply with State Laws: Familiarize yourself with the dram shop liability laws in the relevant jurisdiction. Some states have strict liability statutes, while others require plaintiffs to prove that the establishment knowingly served alcohol to an intoxicated individual who posed a foreseeable risk of harm. Adhering to the specific legal requirements is essential for a successful outcome.
- Demonstrate Knowledge or Recklessness: In jurisdictions where proving knowledge or recklessness is necessary, provide evidence showing that the establishment was aware of the patron’s intoxication yet continued to serve alcohol or failed to take appropriate measures to prevent harm. This may involve showing that the establishment ignored obvious signs of intoxication or violated internal policies or state regulations regarding alcohol service.
- Show Compliance with Responsible Service Practices: Conversely, defendants may attempt to demonstrate that they adhered to responsible alcohol service practices, such as monitoring patrons’ intoxication levels, offering alternative transportation options, or refusing service to visibly intoxicated individuals. Plaintiffs can counter these arguments by presenting evidence suggesting that the establishment’s actions fell short of reasonable standards of care.
- Present Sympathetic Plaintiffs: Humanize the case by highlighting the impact of the incident on the plaintiff(s) and emphasizing the establishment’s role in causing or exacerbating their injuries. Sympathetic plaintiffs, such as innocent victims of drunk driving accidents or families affected by alcohol-related violence, can evoke empathy from the jury and strengthen the case’s emotional appeal.
- Engage Expert Witnesses: Consider enlisting the support of expert witnesses, such as forensic toxicologists or alcohol service industry professionals, to provide scientific analysis and expert opinions on the defendant establishment’s conduct and its contribution to the incident in question. Expert testimony can lend credibility to the plaintiff’s arguments and bolster the case’s evidentiary foundation.
- Craft a Persuasive Narrative: Present a coherent and compelling narrative that resonates with the jury, highlighting the defendant establishment’s negligence or misconduct and emphasizing the need for accountability and justice. Effective storytelling can enhance jurors’ understanding of the case and increase their willingness to hold the defendant liable.
