If a dram shop or individual provided alcohol to the person who later injured you or a loved one, the establishment may be legally liable for your injuries. Contact AVA Law Group today for your free, no-obligation consultation.
If you are from Montana or a traveler passing through, and if a dram shop or individual provided alcohol to the person who later injured you or a loved one, the establishment may be legally liable for your injuries. Talk to an AVA Law Expert today to understand all your options.
Montanans enjoy having a couple of beers, wine, or cocktails during our outings, whether at the rodeo, concert, or floating on the river. Sometimes, we like alcohol a little too much. According to a compilation of drunk driving statistics, almost 32% of accident fatalities in Montana involve alcohol-impaired driving. That's significantly higher than the national average, around 28%. 1
It's no surprise that America has a drunk driving problem. Every year more than 10,000 Americans die due to impaired driving.
In 2016, Forbes's Niall McCarthy found that the United States ranked third highest in the world, behind South Africa and Canada, for impaired driving fatalities. 2 And when it comes to numbers of deaths and injuries due to drunk driving, Montana consistently tops the list.
That's why Montana, like most states, has a dram shop law to hold third parties accountable for serving alcohol to people underage or visibly intoxicated.
Sometimes, it's not just the impaired driver who is at fault for injuries sustained in an accident. The experts at AVA can advocate on your behalf to ensure everyone is held accountable for the injuries you've suffered after an accident.
DO YOU HAVE A PERSONAL INJURY CASE?
If you have been in an accident and injured by someone's negligence, you may have a personal injury case and be entitled to compensation. Contact AVA Law Group today for your free, no-obligation consultation.
If you have been in an accident and injured by someone's negligence, you may have a personal injury case and be entitled to compensation. Contact AVA Law Group today for your free, no-obligation consultation.
A dram shop refers to any venue that serves customers alcohol, including bars, breweries, or even restaurants. Legislators created dram shop laws to curb overserving, drunk driving, and serving minors. These laws also have a domestic abuse angle. By holding sellers accountable, dram shop laws help protect victims of domestic abuse from control tactics such as forced alcohol consumption.
MONTANA AND DRAM SHOP LAWS
Who is Liable and When Do We Hold Third Parties Accountable?
Under Montana Statute 27-1-710, or the Civil Liability for Injuries Involving Alcohol Consumption, simply serving alcohol to customers isn't grounds for a lawsuit against an individual or establishment.
Instead, the Montana dram shop law aims to "set statutory criteria governing the liability of a person or entity that furnishes an alcoholic beverage for injury or damage arising from an event involving the person who consumed the beverage." 3
When filing a lawsuit against an establishment, the victim must prove that injury or damages occurred. They must also prove that the person who consumed the alcohol is at fault for the injuries.
In addition to establishments that serve alcohol, Montana's dram shop law applies to individuals.
As Montanans, we are responsible for ensuring the safety of our neighbors and communities. Social hosts serving alcohol at an event may be held accountable for their guests' actions after leaving a party. Individuals who provide alcohol at an event or party open themselves to personal liability.
Under Montana law, one or more of the following conditions must be met to file a dram shop lawsuit:
The establishment or individual knowingly served a minor or didn't take reasonable steps to confirm they were serving alcohol to a minor.
The establishment or individual served someone who was visibly intoxicated.
The establishment or individual knowing served someone being coerced or forced to drink, or the establishment or individual told a customer their drink was non-alcoholic.
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WHAT TO DO AFTER BEING Injured by an Intoxicated Person
First, report the incident. An official report on the record is crucial in ensuring your attorney builds the strongest case possible. Next, seek medical attention as soon as possible.
It's essential to have a doctor examine and document your injuries following an accident. Remember that not all injuries are visible, nor do all injuries appear directly after an accident. A doctor can give you a thorough examination and will schedule a follow-up to see if your condition has changed.
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HOW TO FILE a Personal Injury Case Against a Dram
Dram shop cases have a notoriously short window, so finding the right attorney as soon as possible is critical to ensuring a successful lawsuit.
The State of Montana requires parties seeking to file suit against a dram shop to file a notice of intent within 180 days of the alcohol service. According to Montana law, the plaintiff has two years to file the lawsuit after issuing the statement.
An experienced dram shop attorney will build a strong case by conducting a thorough investigation. A personal injury lawyer can help establish whether a business or individual served alcohol to a minor or someone who was visibly intoxicated and build a case that proves negligence.
HOW CAN I FIND THE RIGHT PERSONAL INJURY ATTORNEY FOR ME?
CONSULT WITH AVA LAW GROUP TODAY
AVA Law Group is a Billings-based law firm with legal experts born and raised in Montana who specialize in advocacy.
We focus on the details of the legal system and aggressively fight for your rights. That way, you can forget the stress and focus on healing because that is what really matters in your life.
If you are from Montana or a traveler passing through, and if a dram shop or individual provided alcohol to the person who later injured you or a loved one, the establishment may be legally liable for your injuries. Talk to an AVA Legal Expert today to understand all your options.
We provide a team of attorney, paralegals, and case managers to clients at no upfront cost.
AVA Law Group eliminates the confusion of filing a claim by working on your claim and, if necessary, connecting you with one our many partner firms that fits your needs and will get you the best results.
We’re available 24/7 to provide you with the information you need about case qualification.
Contact Us Today for your free, in-depth case evaluation
ATTORNEY ADVERTISEMENT: Not available in all states, Andrew Van Arsdale, supervising attorney is licensed only in California, District of Columbia, Montana, and Nevada, but associates with attorneys throughout the country, Principal Office: 2718 Montana Ave. Suite 220, Billings, Montana 59101. San Diego Office: 3667 Voltaire Street, San Diego, California 92106.
Consult a doctor on all medical decisions. Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death. No representation is made that the quality of the legal services performed is greater than the quality of the legal services performed by other lawyers. AVA Law Group, Inc. not accepting cases in states where this advertising conflicts with laws or state rules. Legal representation is not offered or available in Tennessee. While AVA Law Group, Inc. maintains joint responsibility, most cases are referred to other attorneys for principal responsibility.
