Can a Bar or Restaurant Be Held Liable for a Drunk Driving Accident?

When a drunk driver causes a devastating accident, the primary person responsible is, of course, the driver themselves. Their negligent and criminal decision to get behind the wheel is the direct cause of the harm. But what if that driver was visibly stumbling and slurring their words at a local bar just minutes before the crash, and the bartender continued to serve them alcohol?

In this situation, Washington State law recognizes that the driver may not be the only party at fault. A legal principle known as “dram shop liability” can hold an alcohol vendor—such as a bar, restaurant, or tavern—financially responsible for the damages caused by an intoxicated patron they over-served.

These laws exist to encourage responsible alcohol service and to provide another avenue of compensation for victims who have suffered catastrophic injuries at the hands of a drunk driver, especially when the driver themselves may have limited insurance coverage.

Useful Information for You: In a Nutshell

• Yes, a Vendor Can Be Liable: Under Washington’s “dram shop” law, a bar, restaurant, or other establishment can be held liable for a DUI accident.
• The Standard of Proof is High: To win a dram shop case, you must prove that the establishment served alcohol to a person who was “apparently under the influence of liquor.”
• “Apparently Under the Influence” is Key: This means the person’s intoxication would have been obvious to a reasonable observer. Evidence can include slurred speech, stumbling, or aggressive behavior.
• Social Host Liability is More Limited: It is much more difficult to hold a private individual (a “social host”) liable for over-serving an adult guest at a party, but it is illegal to serve alcohol to minors.
• These are Complex Cases: Proving a dram shop claim requires a swift and thorough investigation to gather evidence from the establishment.

Washington’s Dram Shop Law (RCW 66.44.200)

The law in Washington is specific. A commercial vendor can be held liable if they sell alcohol to a person who is “apparently under the influence of liquor.”

The key to these cases is proving what happened inside the bar before the driver got into their car. This requires a fast and aggressive investigation by an experienced attorney to uncover evidence such as:

• Witness Testimony: Statements from other patrons or employees who saw the drunk driver being served.
• Video Surveillance Footage: Many bars have security cameras that can show the driver’s state of intoxication. This is the most powerful evidence, but it is often erased quickly.
• Receipts and Tabs: Credit card receipts can show how many drinks the person purchased and over what period of time.

What About “Social Host” Liability?

What if the person got drunk at a private party instead of a bar? This is a “social host liability” scenario, and the law in Washington is much more limited.

• Adult Guests: It is very difficult to hold a social host liable for serving an adult guest who then causes a DUI accident. Generally, adults are considered responsible for their own actions.
• Minor Guests: The law is very different for minors. It is illegal to furnish alcohol to a person under the age of 21. If you host a party and knowingly allow a minor to drink, you can be held liable for any damages they cause in a subsequent DUI crash.

Why Dram Shop Claims are Important for Victims

Drunk driving accidents often cause the most catastrophic injuries. The at-fault driver may only carry the state’s minimum insurance policy of $25,000, which is not nearly enough to cover a lifetime of medical care for a serious injury.

A successful dram shop claim allows the victim to access the bar or restaurant’s commercial liability insurance policy, which typically has much higher limits (often $1 million or more). This can be the only way for a victim to receive the full and fair compensation they need to recover.

These are among the most complex and hard-fought of all personal injury cases. They require an immediate investigation and a deep understanding of this specific area of law. If you have been injured by a drunk driver in the Tacoma area and you suspect they were over-served, search the Car Accident Lawyer Directory Tacoma. Compare profiles and find a trusted local attorney who has the expertise to investigate a potential dram shop claim.

References

• Revised Code of Washington (RCW 66.44.200) – Furnishing liquor to minors—Possession, use—Penalties—Exhibition of card of identification:This is the primary state law that, while focused on minors, establishes the legal basis for holding a vendor liable for serving an obviously intoxicated person.

  https://app.leg.wa.gov/rcw/default.aspx?cite=66.44.200

• Washington State Pattern Jury Instructions (WPI 100.06) – Liability of Person Furnishing Intoxicating Liquor:The official instruction for juries explaining the legal standard for holding a commercial vendor or social host liable for the actions of an intoxicated person.

  https://www.courts.wa.gov/superiori/pattern_jury_instructions/browse_WPI.cfm?title=100