Posted on Monday, July 22nd, 2024 at 9:00 am
Following a significant drunk driving accident, it is easy to point the finger at the impaired driver. However, more than one person may be responsible for causing a drunk driving accident. Sometimes, a third party may bear some of the liability for causing a devastating impaired driving accident. What do you do if you are accused of third-party liability for serving alcohol to someone who caused an accident?
At Moermond & Mulligan, LLC, our Cincinnati criminal defense team wants to help you understand the complicated dynamics of drunk driving cases and how an attorney can help protect you and your business.
What Is Ohio’s Dram Shop Law?
Like other states, Ohio has several liquor liability laws. One of those laws is the dram shop law, which applies to liquor permit holders, including bars, restaurants, liquor shops, and convenience stores. Anyone who sells alcohol to the public can be liable for an accident if specific conditions apply.
For example, an accident victim can pursue a lawsuit and compensation from a third party when an intoxicated individual injures or kills the victim or another person on the licensee’s premises, including the parking lot controlled by the licensee. Additionally, if the permit holder knowingly sold liquor or beer to a noticeably intoxicated individual or an underage person and that person’s actions caused the injury or death, the injured party can hold the permit holder accountable for injury or death that did not occur on their premises.
What Are Social Host Liability Laws?
Some social host liability laws allow an accident victim to hold a social host responsible for injuries caused by an intoxicated guest of the legal drinking age. Ohio has a social host liability law, specifically about social hosts providing alcohol to underage people. Legal precedent in the state also shows that hosts who provide alcohol to underage people can be responsible for any resulting harm or damage.
One of the best legal examples of this comes from the case of Mitseff v. Wheeler. The Ohio Supreme Court ruled that the hosts had a duty not to provide alcohol to an underage person. When that person left the gathering after drinking and caused a collision with another driver, the hosts were liable for injuries and compensating the victim.
Beyond potential civil liability, social hosts who provide alcohol to minors can also face criminal charges in Ohio. Furthermore, furnishing alcohol and knowingly allowing underage drinking are first-degree misdemeanor offenses that can result in fines and jail time for a conviction.
Who Pays DUI Damages in Ohio?
Who ultimately pays for DUI damages in Ohio depends on the nature of the situation. The impaired driver or their insurer is often liable for an accident victim’s financial losses and medical expenses. However, when a third party is involved, they may also be liable for making the accident victim whole again. That means that if you were a social host or a liquor license permit holder, you could be on the hook for paying the victim if an intoxicated driver causes an accident after you served them at your home or business. If an underage person caused the crash, you may find yourself fighting criminal charges, as well.
Drunk driving accidents can cause devastating physical, emotional, and financial consequences. You may be responsible for those consequences if you don’t work with an experienced and knowledgeable Ohio criminal defense attorney. A defense attorney understands how to strategically build a case that offers you the best chance at earning a favorable outcome and protecting your rights and assets.
At Moermond & Mulligan, LLC, we can help dispute the evidence, protect your legal rights, and advocate for you or your business during this challenging time. Facing legal consequences because of someone else’s careless actions can be daunting. Do not attempt to navigate this complicated situation alone. Turn to someone with extensive knowledge of Ohio’s dram shop and social host laws who can fight for you.
Impaired Driving Accident Charges? An Ohio Attorney Can Help
The drunk driver may not be the only one who could be liable in an impaired driving accident. Whether you are a bar owner, restaurant owner, gas station attendant, or social host at Moermond & Mulligan, LLC, we know how to protect third parties charged with crimes after someone they served causes a crash. The experienced Cincinnati DUI defense lawyers at Moermond & Mulligan, LLC can help. Our legal team has over 50 years of combined legal experience and has handled thousands of cases just like yours.
Call our Ohio office at (513) 421-9790 or contact us online and request a confidential case evaluation today. We can review your situation and design a strategic defense plan for you.
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