Personal Injury Victims Limited To Suit Against Drunk Driver – Not Servers

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Louisiana is the only state in the U.S. that does not have “Dram Shop” laws. For those that are native Louisianians, Dram Shop laws allow an intoxicated person’s victim to sue the person or business that got the injury-causing person intoxicated. For example, if you were in Indiana and were injured by a drunk driver, you would be able to file suit against the person that got the intoxicated driver drunk. The idea is that the server owes a duty to society to ensure that the person he’s serving does not cause harm to others. But if you were hit but a drunk driver in Louisiana, generally, you would only be able to file suit against the intoxicated driver.

Nevertheless, there are two exceptions to this general rule: (1) serving someone under age and (2) serving someone in a place that is under maritime jurisdiction. So take the above example of the drunk driver. A person or business can be liable if the intoxicated person served was under the age of 21 or if the person was served alcohol on a vessel in navigable waters.

If you or a loved one has suffered a personal injury, learn about your legal rights from an experienced New Orleans personal injury attorney by filling out our free, no obligation case review form located on this website.