Erik Luthens

ALCOHOL LIABILITY

Alcohol related traffic fatalities were 39% in 2005.1 Not all of the drivers in these crashes drank alcohol at home. They may have been at a friend's home, a party, or the bar on the corner. The alcohol may have been purchased at a convenience store, where they purchased more while under the influence. The fact is that anyone that willfully or knowingly sells or furnishes alcohol to someone they know will be driving, they may be held liable for any injuries or deaths that is shown to be specifically caused by the act of serving, furnishing or selling the alcohol. It must be proven, such as in the case of grocery or convenient stores, that the person receiving the alcohol was noticeably intoxicated. Expert testimony may prove the person was noticeably intoxicated due to the blood alcohol content, even if witnesses state otherwise.

Underage drinkers will use false identification cards to obtain alcohol. When these are used, it is possible the owner or an employee of the owner may not knowingly sell alcohol to the minor. If an owner or employee should have known the purchaser was underage, it is a criminal act in itself to sell the alcohol to them. Liability for injuries attributed to the sale is extremely possible. An owner is not liable for damages from injuries linked to the sale of alcohol to underage friends of a driver if it was not known the driver was also underage and the alcohol may be consumed by the driver. The owner is still guilty of a criminal act of selling alcohol to minors in this case. Contact a Iowa premises liability attorney representing clients in Marshalltown, Iowa today to schedule your initial consultation.

The actual consumer of alcohol may not recover any damages for personal injury from anyone that provided the alcohol. Passengers riding with the intoxicated driver, however, may be able to recover damages, even when both parties were drinking. Injuries not caused by the operation of a motor vehicle, such as falling down, may not be recovered. Owners that do not live in or on commercial property, or do not have a license to sell alcohol, are not liable unless they provide consent to drink on their property.


Des Moines personal injury lawyer, attorney Marshalltown, IA, elevator / swimming pool accident law firm - If you would like to schedule a initial consultation regarding your case, please contact the Luthens Law Offices at (800) 685-7948 or complete our inquiry form.