Legal Question in DUI Law in Pennsylvania

will the bar be held partly responsible?

in 2005 i was involved in a drunk driving accident, the man was almost 4 times pa's legal limit, my son has scars on his chin and small one on top of head , i had straighting of the spine and have muscle pain in my back ever since , i am not satisified with what his insurance company has offered , i know I can sue the bar, he was visably intoxicated while there and they continued to serve him, someone told me about some law called the drama act, does anyone know anything about this and how do i find out if the bar has the type of insurance to pay out in court.if not what else can I ask for in compensation wise from them?


Asked on 1/20/07, 9:18 pm

2 Answers from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

Re: will the bar be held partly responsible?

I agree with the response previously posted. You should certainly seek legal counsel immediately sine the statute of limitations will prevent you from filing a suit if you do file before the year date from the incident. I would be happy to consult with you if you contact my office.

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Answered on 1/22/07, 9:52 am

Re: will the bar be held partly responsible?

It's called a Dram Shop Action. When a bar overserves a patron, the bar may become liable for damages from a subsequent dui accident. Most bars carry plenty of insurance. Even if there is no insurance, there are ways to recover money through other assets of the bar. The compensation from the bar is in addition to whatever you get from the insurance company of the person who caused the accident.

A point of caution: You said this was a 2005 accident, and the statute of limitations is two years. You would have to get your suit in before that time is up.

Feel free to email or call me for a free consultation. Good luck to you and your son.

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Answered on 1/21/07, 12:17 pm


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