Drivers under the influence of alcohol cause a considerable percentage of accidents in Austin. Reportedly, intoxicated individuals have also received blame for some contrary vices such as rape, damage to property, starting fights, and source of family problems, among others. For a long time, the question of who was really to blame for alcohol intoxication was under scrutiny. The individual of course – but can anyone else be held responsible? Take, for example, a man who causes an accident and damage to property then die in the process, who would be held accountable for such? – Austin Bartenders can.
It was established that a bartender could directly regulate the number of beers one takes by merely refusing to sell. The set standard is at four alcoholic beverages for women and five for men. Beyond this, Austin bartenders are expected to decline to sell more alcohol to the customer- especially if they appear intoxicated. Bartenders are also responsible for gauging and ascertaining a customer is of age before selling them alcoholic beverages.
An Austin bartender’s responsibility, with regards to this matter, is clearly stated under dramshop laws. These were put in place to protect the public from danger attributed to commercial establishments selling alcohol to minors or intoxicated individuals. It provides that, people affected can rightfully sue Austin bartenders for damages.
Conditions Required to sue Austin Bartenders
You need to prove beyond a reasonable doubt that;
- The bartender is the seller.
- The person’s level of intoxication and their use of the additional alcohol sold to them
- The act of selling alcohol to the intoxicated individual was not reckless but also intentional.
- The bartender sold alcohol to an underage.
- The bartender, with full knowledge, sold alcohol to an alcohol/drug addict.
IF YOU NEED A LAWYER CALL: (800) 224-0001
Who is Eligible to Sue?
Most states, where dramshop laws are applicable, dictate that the first party (the intoxicated person) is not eligible to sue. They are deemed legally responsible for their own choices and actions. Nevertheless, the third party, who has experienced any form of damage caused by the intoxicated individual, is eligible to sue for damages. All they need is sufficient evidence.
Parents to minors sold to alcohol are also allowed to sue. According to the law, individuals under the age of 21 are not allowed to drink alcohol legally.
Likely Consequences faced by Austin Bartenders
If you can sufficiently prove the bartender is guilty, it may lead to;
- Loss of license to operate legally
- Loss of Employment
- Jail Sentence
- Financial Penalties
In anticipation, most Austin bartenders have taken on insurance coverage to shield themselves from such cases and occurrences.
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We know that after a tragic event or accident, dealing with the aftermath is the last thing that families want to worry about. Don’t struggle with your legal matters alone. Contact us today to schedule a free consultation.