Legal Question in Personal Injury in Missouri

Re: DUI Head-on - Beer Manufacturer or distributor liable for damages?

The answer is "maybe" - if the other driver was at a bar, and was over served, the bar may be liable. But if he or she drank at home, the people who brewed the beer or other alcoholic beverage would not be - they are too remote from the act of getting drunk. Feel free to give me a call at (800) 962-5363; ask for me or Jeff Heinrichs.

Richard E. McLeod

McLeod Nash & Franciskato

1100 Main St., Suite 2900

Kansas City, MO 64105

(816) 421-5656

[email protected]

FAX (816) 421-3339

Re: DUI Head-on - Beer Manufacturer or distributor liable for damages?

In limited circumstances the "dram shop" (the place where the driver was served with beer) might be liable, but only if there is evidence he was overserved -- that is, that the bartender should have stopped serving him alcohol because he was obviously intoxicated.

There is no precedent that I am aware of that holds the beer distributor liable.

Keep in mind that there may be other insurance policies in effect in some cases.

Our firm wishes your daughters a speedy recovery.

Re: DUI Head-on - Beer Manufacturer or distributor liable for damages?

NO one has successfully sued a beer manufacturer or distributor for beer- this would only work if beer were dangerous in its own right, which it probably is not. However, there is liability in Missouri for a bar that over serves an obviously drunken patron. I advise you to speak with a qualified trial attorney before you settle with anyone, including the drunk driver, as this is a difficult case to pursue alone!

BEFORE you accept and cash any check from the driver's insurance company, make sure and have an attorney review the release documents that the insurance company wants you to sign. You may sign away your rights without intending to against other parties otherwise.

Re: DUI Head-on - Beer Manufacturer or distributor liable for damages?

We echo the comments of Mr. Ferris. Too often people settle these type of cases without taking judgment against the drunk driver. He/she is the true source from which your daughter's recompense should come. If the medical bills are significant, the insurance company will likely pay the policy limits and get out. In most cases the drunk driver cannot discharge the remaining debt (the portion beyond their insurance coverage) by filing bankruptcy, like they could in other types of cases. DO NOT SIGN A RELEASE OR CASH A CHECK WITHOUT HAVING AN ATTORNEY EXAMINE BOTH.

It is not always as easy to collect a judgment against an individual like it is an insurance policy, but it can be done. If you or your daughters are willing to work at it, you could collect a judgment for the next thirty years.

If the drunk was not driving their own car, you may have two poicies to go after. Also, even though the driver carried $25k limits, that is per driver. You describe two daughters getting injured, so there is more than a $25k limit in the aggregate.

Good Luck, and God speed to yoru daughters' recovery.