If you are an Ohio driver, you have likely seen the billboards warning drunk drivers that if they’re “over the limit,” they’re “under arrest.” Unfortunately, drunk drivers in Ohio cause many collisions with innocent parties. Many drivers who have been injured in a crash caused by a drunk driver mistakenly believe that the only party responsible for the crash is the other car involved. But “over the limit, under arrest,” isn’t the end of the story. In Ohio, under certain circumstances, a bar or other establishment that furnishes alcoholic beverages to an already-intoxicated person may be legally responsible for the harm caused by a third person. Lawyers who handle drunk driving cases where there is inadequate insurance coverage should also investigate whether a bar or other business is responsible for a crash.
The law that holds liquor permit holders responsible for drunk driving crashes is known as “Dram Shop.” In general, the law states that a liquor permit holder (typically a bar or restaurant) that serves a noticeably intoxicated person additional alcohol may be legally responsible for the drunk person’s later actions proximately caused by their intoxication. Some bars and restaurants provide training for their employees in order to prevent such harmful events. But often for the sake of profit over safety, the training is ignored, or not even provided. This can lead to patrons being improperly served.
When intoxicated persons cause harm, it stems not solely from drunk driving, but also equipment operation or physical conduct such as fighting or sexual assault. For example, if a person is simply out at a restaurant where the bartender has served a noticeably intoxicated person additional alcohol, and the intoxicated person assaults the person without provocation and causes injury, the restaurant may be liable for the actions of the intoxicated person.
Commonly in Ohio, the majority of the harm is caused by the actions of a drunk driver. According to the Ohio State Highway Patrol, in 2021, the most recent year for which there is complete data, there were 11,084 OVI (operating a vehicle while intoxicated) crashes, of which 404 were fatal and an additional 895 of which caused “serious” injury. In these crashes, if the driver was overserved by a bar, restaurant, or other liquor permit holder, that permit holder can be held responsible for the actions of the drunk driver. Expert witnesses are often utilized to evidence this fact after forensic evidence is gathered by experienced attorneys.
Attorneys Chris Patno and Colin Ray have decades of combined experience in handling Dram Shop drunk driving cases. In numerous cases, they have investigated the drunk driver and their actions at establishments prior to a crash and held the liquor permit holder responsible. If you or a loved one have been harmed by an intoxicated person or have questions about a Dram Shop case, you may reach out to request a consultation or call us at 216-696-1210 for a free, no-obligation consultation.
