In some wrongful death cases, the tragedy begins long before the final event. When a person is over-served alcohol at a bar or restaurant and later causes a fatal incident, questions of liability often follow. Families dealing with a sudden loss may not immediately consider the role of the establishment, but it can be a key part of a legal claim. As a Fayetteville, NC wrongful death lawyer, we’ve worked with families facing situations like this, where the actions of a business may have contributed to a preventable death.
At Macrae & Whitley, LLP, we’ve served Fayetteville, Cumberland County, and surrounding communities in North Carolina for more than a century. Our firm’s experience in personal injury and wrongful death claims allows us to look carefully at all contributing factors when someone’s life is cut short due to another party’s negligence.
What Dram Shop Liability Means
North Carolina has laws that can hold bars, restaurants, and other alcohol-serving establishments legally responsible when they serve alcohol to someone who is visibly intoxicated or underage, and that person causes injury or death. These are referred to as “dram shop” laws.
If someone leaves a bar after being over-served and causes a fatal car crash, the establishment may be legally liable for contributing to the situation. It’s not always easy to prove, but there are ways to build a case. Witness testimony, surveillance footage, receipts, and toxicology reports can all play a role. Additionally, multiple parties can be at-fault for causing a wrongful death, and a lawyer can ensure that they are all held accountable.
Who Can Bring A Claim
Wrongful death claims are typically brought by the personal representative of the deceased’s estate. The damages sought may include medical bills, funeral costs, lost financial support, and the loss of companionship and guidance. In dram shop-related cases, the business’s insurance policy is often the source of compensation, though the responsible individual may also be named in the claim. Who can be held liable depends on how much the evidence can prove involvement or negligence.
We’ve helped families understand their options and determine the right course of action based on the facts. Each situation is different, but when alcohol plays a role in a preventable death, it’s worth asking whether a business failed in its responsibility to stop serving an intoxicated person.
Signs That A Business May Be Liable
Not all cases involving alcohol meet the threshold for a wrongful death claim against a bar or restaurant. However, we look for signs such as:
- The customer was clearly impaired and still served alcohol.
- Bartenders ignored obvious signs of intoxication — specifically over intoxication such as slurred words, loss of balance, and more.
- Witnesses or staff confirm the person was stumbling, slurring, or behaving erratically.
- The customer consumed an unusually high amount of alcohol in a short time.
- Security or staff failed to intervene before the person left.
James C. MacRae, Jr. has worked with families on wrongful death matters since he joined the firm in 1989. Our legal team takes a thorough approach to examining the facts and helping clients move forward after a loss.
If your family is dealing with a wrongful death and you believe alcohol over-service may have played a role, call us. At Macrae & Whitley, LLP, we offer a straightforward review of your situation and will talk through the steps available to you. Contact us today to schedule a consultation.