Legal Question in Personal Injury in California
Wrongful Death?
Hi,
My husband crashed and died on his motorcycle after leaving a bar. His bllod alcohol at the time of his death was .286. He died at 2:00AM and I have reciepts showing the last time he purchased an alcoholic drink was at 1:30AM from this bar. Is there a law that states a bar may no long serve alcohol to an obviously already intoxicated person? Thanks in advance!
2 Answers from Attorneys
Re: Wrongful Death?
Dram shop laws exist in, I believe, 34 States. These provide strict liability of the bar owner. In CA, there is no strict liability, but ordinary principals of negligence apply. I believe the facts you state may well justify a case against the bar. Bring the case for consultation to us or to any other competent injury attorney. You will get a free consultation and assessment at most places.
Re: Wrongful Death?
As Mr. Roth points out, you need an attorney.
Many states have what are called "dram shop" laws that hold the bar responsible. While California does not, it is illegal to serve an intoxicated person.
Whatever you do, do not speak to any insurance company, or companies for the bar. Also, an attorney will need to know details of the accident, because .28 or not, there may have been other causes, other than your husband's blood alcohol content.
Lawyers take these cases on a contingency basis, which means their fee is a percentage of the money recovered, and you don't have to pay an attorney in the beginning of the case.
E-mail, or call, if you need more, and my condolences to you on losing your husband.
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