When it comes to holding alcohol providers accountable for injuries caused by intoxicated individuals, Indiana’s Dram Shop Act plays a pivotal role. But how long do people have to file a dram shop lawsuit in Indiana? The specific statute of limitation, or time frame, is controlled based on various legal factors, and you should consult an experienced lawyer. At Blackburn Romey, we will walk with you through each step involved in your dram shop law claim and see that all your rights are protected.
Dram shops include bars, taverns, restaurants, liquor stores, and even social clubs or residences where alcoholic beverages are served or sold. Businesses like these have a place in our social lives, but when they serve or provide alcohol during an event or on the premises, legal liability may be associated with their actions.
Indiana’s Dram Shop Act is a law designed to regulate the responsibilities of alcohol providers and protect the public from the harm caused by over-serving alcohol. It outlines the specific circumstances under which a vendor or individual serving alcohol can be held liable for injuries caused by intoxicated persons.
Indiana Code § 7.1-5-10-15.5. A furnisher of alcohol may be liable if the furnisher provides alcohol to a person the furnisher knew or should have known was visibly intoxicated at the time of furnishing.
Alcohol providers in Indiana have a duty to be very careful in serving their patrons. The law imposes a duty not to serve alcohol to patrons who are visibly intoxicated. Apart from being sued, failure to undertake this duty places the larger community in danger. Such people include bartenders, waiters, liquor store clerks, and hosts of private events.
Victims of drunk driving accidents or other injuries caused by intoxicated individuals may file a dram shop liability claim against the alcohol provider. This claim seeks compensation for medical expenses, lost wages, pain and suffering, and other damages directly tied to the provider’s negligence. According to the Team Coalition’s summary of state dram shop laws, these laws are critical to ensuring justice for victims.
No, the Indiana Dram Shop Act is not limited to businesses. The law also applies to private individuals who host events and serve alcohol. Social hosts who knowingly provide alcohol to intoxicated guests may be held accountable for injuries resulting from their actions.
To succeed in such a claim, victims must be able to prove that the intoxicated person had obviously visible signs of impairment, like slurred speech, stumbling, or other abnormal behavior, at the time alcohol was served.
Apart from that, victims also have to link intoxication directly with the injuries caused, meaning in cases of drunk driving where a road accident has occurred, it would need to be proved that the alcohol provided was a substantial factor in the accident.
In rare cases, an intoxicated person may also be able to bring an action if they were served while visibly intoxicated and directly injured. For example, if a bartender continued serving someone obviously impaired who subsequently fell and was injured, that injured party could seek damages.
Yes, you can. While one is a personal injury claim to hold the intoxicated person responsible for the injuries, the other is a dram shop liability claim against the provider of the alcohol.
Yes, there is a time limit. In Indiana, dram shop lawsuits generally follow the state’s statute of limitations for personal injury claims, which is two years from the date of the injury. Missing this deadline can bar victims from seeking compensation, which is why acting promptly is essential.
Were you or a loved one seriously injured in an accident with an alcohol-involved participant? Contact Blackburn Romey at 4203 W Jefferson Blvd, Fort Wayne, IN 46804, or call us at (833) FOR-HELP. At our firm, our compassionate and determined car accident lawyers are committed to serving your interests through the legal technicalities presented by Indiana’s Dram Shop Act.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.
