775k Settlement Obtained in Liquor Liability Motorcycle Accident Case

Posted by Anapol Weiss on Apr 21, 2016 3:30:00 PM
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 Anapol Weiss Partner Miriam Barish

Philadelphia personal injury attorney and Anapol Weiss Partner Miriam Barish recently obtained a $775,000 settlement on behalf of the estate of a 29-year-old man who was killed in a single motorcycle accident after being continuously served alcoholic beverages while visibly intoxicated.

To the shock of numerous eyewitnesses, the staff at a bar in Chester County Pa. continuously over served her visibly intoxicated client, and then allowed him to leave on a motorcycle despite exhibiting obvious signs of impairment.  Tragically, he was later found lying motionless under the motorcycle more than twenty feet from the road; his blood alcohol content was .168 – over twice the legal limit, according to the toxicology report performed postmortem. 

While nothing can change the devastating situation, Barish is proud to have obtained justice and compensation on behalf of the man’s family.

Comparative negligence was a significant issue in this case.   Pursuant to Pennsylvania’s comparative negligence statute, if a plaintiff is found more than fifty percent liable for his or her own injuries, they are precluded from any recovery.  Nevertheless, the bar was ultimately held responsible based on Pennsylvania law which provides that establishments that serve alcohol to a visibly intoxicated individual may be held financially responsible for the damage that person suffers. 

“Liquor establishments have to act responsibly, and not keep serving patron’s alcohol who are visibly intoxicated and avoid creating a risk that the patron’s judgment is now impaired and they may not recognize they should not be driving," Barish said. "That’s the law.”

Topics: Alcohol Liability Lawsuits

Dram Shop: Understanding Alcohol Liability Law

Posted by Anapol Weiss on Feb 4, 2016 3:30:00 PM

dram_shop_claim.jpgAlcohol-related automobile accidents are all too common. Sadly, each year thousands of individuals are killed due to alcohol-related accidents.

Individuals injured in an accident caused by an intoxicated person may be able to file a liability claim, also known as a “dram shop claim,” against business establishments that served that person too much alcohol.

Pennsylvania law provides that establishments such as bars, taverns, restaurants and social clubs that served that alcohol to a visibly intoxicated individual may be held financially responsible for injuries and damages that person causes. The law isn't limited to just bars and restaurants – there are situations in which private people (social hosts) could be liable for alcohol served in their homes or at an event. In both Pennsylvania and New Jersey, social hosts may be held liable if they serve alcohol to minors who then injure others.

If you believe you have grounds for a dram shop liability claim, we can help. Our highly skilled attorneys have decades of success advocating for those who were harmed, and they can help you secure the compensation to which you may be entitled. This may include compensation for pain and suffering, financial loss, emotional distress and medical expenses.

If you or a loved one was injured as a result of an establishment serving an intoxicated person, they may be at fault. We will answer your questions and provide you the legal help you need.

 

Topics: Alcohol Liability Lawsuits

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