Connecticut’s Dram Shop Act, Connecticut General Statutes § 30-102, holds establishments and people who sell liquor and alcoholic beverages to an intoxicated person liable for injuries or damage to property caused by that person.
The unique term “dram shop” originated in 18th century England and referred to pubs, taverns, and other establishments that measured alcohol by the dram, which is a small unit of liquid.
Dram shop laws in Connecticut and elsewhere allow those injured by an intoxicated person to sue the establishments that served or sold the intoxicated person alcohol. These include not only bars, restaurants, and liquor stores but any establishment that sells or otherwise provides alcohol to an intoxicated person.
According to the Connecticut statutory law, “If any person, by such person or such person’s agent, sells any alcoholic liquor to an intoxicated person, and such purchaser, in consequence of such intoxication, thereafter injures the person or property of another, such seller shall pay just damages to the person injured … .” (Connecticut General Statutes § 30-102)
Some key elements included in the state’s Dram Shop Act include:
- Damages for an injured party, or multiple injured parties, are capped at a total of $250,000.
- Notice of intention to bring a Dram Shop Act claim must be filed within 120 days of the occurrence of the injury to a person or property caused by the intoxicated person, or, in the case of a death or the incapacity of an aggrieved person, notice must be filed within 180 days of the occurrence of such injury to person or property.
- The legal action must be filed within 1 year of the date of the injury to a person or property caused by the intoxicated person.
“Someone who has been injured by an intoxicated person might not be aware of the Dram Shop Act or may not think it applies to them,” said Attorney Elizabeth “Lizzy” Gilbert. “It’s important to consult an experienced personal injury attorney no matter the circumstances, as there are nuances to Connecticut’s Dram Shop Act.”
For example, it is not presently necessary under the law to prove a causal connection between the sale of alcoholic liquor and the intoxication which caused the injury. In other words, an injured plaintiff is not required to demonstrate that the alcohol a bar sold to a patron caused the intoxication that was responsible for an accident or incident resulting in injuries.
Furthermore, the term “sell” as it is used in the statute refers to purveying or furnishing, which means that the Dram Shop Act may apply even where the intoxicated person did not actually pay for the alcoholic liquor.
The highly experienced Personal Injury attorneys of Cramer & Anderson stand ready to help those injured by an intoxicated party or parties file proper notice and legal action under the Dram Shop Act.
Call us at (860) 355-2631 to connect with Attorney Gilbert, or another member of our injury law team, or email Attorney Gilbert at egilbert@crameranderson.com.
About Cramer & Anderson
Cramer & Anderson provides sophisticated legal services, close to home, with regional offices in New Milford, Litchfield, Danbury, and Ridgefield. For more information, see the firm’s website or call the flagship office in New Milford at (860) 355-2631.