Many people think liquor liability cases only involve bars or restaurants, but responsibility may extend to many different types of alcohol providers.
Depending on the circumstances, an establishment may include:
- Bars
- Restaurants
- Liquor stores
- Grocery stores
- Convenience stores
- Other businesses licensed to sell alcohol
For example, a liquor store or convenience store may face liability if an employee sells alcohol to someone who is visibly intoxicated. A restaurant or bar may also be responsible if staff continue serving alcohol to a customer who is clearly impaired.
The important question is not only where the alcohol was consumed but who provided the alcohol and whether they should have recognized that the person was already intoxicated.
What Is an Establishment’s Responsibility Under Liquor Liability Laws?
Businesses that sell or serve alcohol have a responsibility to follow alcohol service laws. They cannot continue providing alcohol to someone who is showing obvious signs of intoxication.
A liquor liability claim often involves determining:
- Did the establishment provide alcohol to the person?
- Was that person already visibly intoxicated at the time they were served?
- Did the continued sale or service of alcohol contribute to the accident or injuries?
Simply showing that someone consumed alcohol at a business is not enough. The investigation focuses on the actions of the establishment and whether employees continued serving alcohol despite visible warning signs.
How Do You Prove an Establishment Overserved Someone?
Proving that a business overserved someone requires a detailed investigation into what happened before the accident.
Evidence may include:
- Witness statements from customers or employees
- Surveillance video from the establishment
- Alcohol purchase receipts
- Employee testimony
- Police reports
- Body camera footage from responding officers
Surveillance footage can be especially important because it may show how a person appeared before leaving the establishment. It can help answer questions like:
- Were they having trouble walking?
- Were they acting confused?
- Were employees interacting with them before serving additional alcohol?
The goal is to determine whether the person showed visible signs of intoxication at the time alcohol was provided.
Why Is It Important to Investigate the Establishment Quickly?
Evidence in liquor liability cases can disappear quickly.
Many businesses use surveillance systems that automatically record over old footage. Witnesses may leave or forget important details. Receipts, employee schedules, and other records may become more difficult to obtain as time passes.
That is why a prompt investigation is important after an alcohol-related accident.
At Marciano Legal, we investigate whether an alcohol-serving establishment played a role in causing a serious accident. That means looking at the evidence, identifying who provided the alcohol, and determining whether the establishment failed to follow its legal responsibilities.
If you believe a bar, restaurant, liquor store, or another alcohol provider contributed to an accident, contact Marciano Legal to discuss your case.
To learn more about Marciano Legal and our liquor liability attorneys, please feel free to contact us online. You can also dial (215) 515-7743 if you need legal help for a claim of your own in Philadelphia or the surrounding area.
