Have you been hit by a drunk driver who has no insurance or insufficient insurance? You might still be able to recover for your injuries. DRAM shop liability arises when an establishment serves a person with alcohol when that person is clearly intoxicated, and then that person goes out and harms someone because he/she is intoxicated.
In Idaho, there are strict guidelines that must be followed in order for the establishment to be held liable. DRAM shops are only liable in Idaho in two situations. One situation is when the intoxicated person is under the legal drinking age and the person who sold or furnished the alcohol to the intoxicated person knew or ought reasonably to have known that the person was under the legal age to consume alcohol. The other situation is when the intoxicated person was “obviously” intoxicated at the time the alcohol was sold or furnished, and the person who sold it knew or ought reasonably to have known that the intoxicated person was obviously intoxicated.
If you are injured by an intoxicated person and you believe you might have DRAM shop claim, Idaho Code section 23-808 requires that, within 180 days from the date you were injured, you or your attorney notified DRAM shop by certified mail that the claim or cause of action would be brought. Failure to give such notice results in a loss of your claim against the DRAM shop.
If you have been injured by a person who is intoxicated, either in a drunk driving accident, battery, or otherwise, seek legal counsel immediately and be sure to ask your legal counsel to give notice to the DRAM shop that you intend to bring a claim against the shop so that you do not lose that claim.
If you or a loved one has been injured by a drunk or intoxicated individual, don’t wait—your right to pursue a claim may be time-sensitive. Contact Shep Law Group in Boise, Idaho, today for a consultation. Their experienced team can help you understand your options, protect your rights, and take the necessary steps to pursue the compensation you deserve.
