Impaired driving accidents often happen when people drink too much at a bar, tavern, or restaurant and choose to get behind the wheel. When an at-fault driver is found impaired after an accident, it is reasonable to question whether the establishment that served alcohol to the driver could be held legally responsible for any injuries and damages the driver causes another.
Ontario’s dram shop laws allows injured victims of impaired driving accidents the right to take legal action against a third party, like a bar, tavern or restaurant, that provided alcohol to an impaired person.
If you have been hurt or lost someone you love because of an impaired driver, we recommend speaking with a lawyer from our firm today. Greg Monforton & Partners offers free initial consultations with no risks or obligations. We are well-versed in dram shop laws and how they may apply to your situation.
Unfortunately, impaired driving is one of the leading causes of deaths in Canada. On average, four people are killed every day in accidents caused by a driver under the influence of alcohol. For victims, the impaired driver may not be the only one liable for causing the accident and their injuries.
Ontario bars, taverns, restaurants and other establishments must be licenced in accordance with the Liquor Licence Act in order to legally sell alcohol. More importantly, this Act also prohibits licenced establishments from selling alcohol to customers who appear impaired.
The server or bartender at a licensed establishment is responsible for determining if a customer is clearly impaired before serving him or her alcohol. Serving alcohol to a person who appears to be impaired would be violating the law. The establishment could potentially lose its license and be held liable if that person causes an accident after leaving their place of business.
Anyone injured or killed in an accident with an impaired driver may be able to file a claim for damages against the establishment that continued to provide alcohol after the person showed signs of impairment.
To hold a bar, tavern or restaurant responsible means being able to prove that negligence caused or contributed to the accident and your injuries. The establishment had a legally duty to act as another reasonable establishment would by refusing to serve alcohol to a customer who appeared impaired.
You must also show that that the establishment could foresee within reason that an impaired customer could be a threat to others by driving off in his or her car. Having an experienced Windsor car accident lawyer on your side would be beneficial in these cases.
The amount and types of damages injured victims of impaired driving accidents may be able to recover will vary on a case-by-case basis. However, some of the most common damages available may include:
Have you been involved in an impaired driving accident?
Our legal team has decades of experience holding negligent third parties liable for damages in many different car accidents cases. We know how to conduct detailed investigations, obtain police reports, review toxicology findings, and gather witnesses, all in an effort to build a strong case on your behalf.
Request a free, no-obligation consultation to get started. You are not under any obligation to hire us after meeting to discuss your rights and potential legal options. Should you retain our services, there is no upfront costs to you. We only get paid if we help you obtain fair and just compensation.
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