Legal Question in DUI Law in Pennsylvania
Dram Shop (Bar)
Does the Dram Shop or Bar law also apply to an individual? My son was hit and killed by a drunk driver Labor day weekend who had gotten drunk at a private party, then left there and proceeded to get even drunker at a bar 30 miles from the party before the accident. We want to know if we can also sue the home owner for serving the individual for serving him and letting him leave their home intoxicated, and they knew he was, they refused to go with him because they said he was too drunk.
1 Answer from Attorneys
Re: Dram Shop (Bar)
Yes, you can sue the homeowner, but it wouldn't be under a Dram Shop theory. It would be a kind of wrongful death action.
The fact that the person stopped at a bar and had more to drink will likely lessen their liability, however. There is the Dram Shop action against the bar as well, but certainly the individual(s) responsible for the party, etc., should also be included in the suit.
I see that you are in Rural Valley. I practice here locally in Armstrong County (and elsewhere) and if you would like to talk further, please feel free to email or call.
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