Gambling is not the only thing that happens at a casino. While people may go there to gamble, they may also attend live shows or private events. Whatever the case may be, alcohol is often present. While there is nothing wrong with having a drink at the casino, the casino might be in trouble for serving someone who later causes a drunk driving accident.
Establishments with liquor licenses, like casinos, may not furnish alcohol to a minor or someone who is already visibly intoxicated. If they do, the casino may be held liable for injuries or damages caused by the intoxicated patron. This claim, often referred to as a “dram shop” claim, can be difficult to prove, as we must have evidence that the drunk driver was visibly intoxicated when they were served at the casino. However, these claims are not impossible, and you should speak to a lawyer now.
Get a free, private case analysis from our Philadelphia car accident attorneys by calling The Reiff Law Firm at (215) 709-6940.
Can a Casino Be Held Liable for Overserving a Drunk Driver?
Depending on your situation, the casino could be held liable for your injuries after a drunk driver hit you if that driver became intoxicated at the casino. While a casino may serve alcohol with a proper liquor license, there are laws against knowingly overserving patrons.
Liability of Casinos for Alcohol-Related Accidents
According to 47 P.C. § 4-493(1), an establishment with a liquor license, like a casino, is legally prohibited from furnishing alcohol to a visibly intoxicated patron or a minor.
If a drunk driver causes an accident, those injured could sue the casino that furnished the drunk driver with alcohol. However, the plaintiffs would have to prove that the casino sold the alcohol to the drunk driver when they were visibly intoxicated.
Proof Needed to Establish Liability
We need evidence of the driver’s intoxication. Chemical testing conducted by the authorities, your testimony about the other driver’s behavior, and details found in the police report can help us establish intoxication.
We also need proof that the driver was served alcohol at the casino while visibly intoxicated. This may come from security camera footage of the driver being served while visibly intoxicated and eyewitness testimony.
Limitations on a Casino’s Liability
According to 47 P.S. § 4-497, no liquor licensee (e.g., a casino, bar, restaurant) may be liable for damages inflicted upon a third party outside the licensee’s premises by a customer of the licensee unless the customer was furnished alcohol while visibly intoxicated.
This means that even if the drunk driver who caused the accident was served alcohol at a casino before causing the accident, the casino may not be held responsible unless the people injured in the accident can prove that the other driver was visibly intoxicated when they were served at the casino.
If the drunk driver had only had one drink at the casino before becoming overly intoxicated somewhere else, the casino is likely not responsible.
How to Prove a Casino Served a Visibly Intoxicated Customer
One of the hardest parts of a case like this is proving that the drunk driver was visibly intoxicated when the casino sold them alcohol. Often, the people injured were not present at the casino and cannot say whether the driver was intoxicated. As such, our Ardmore, PA car accident attorneys may need to investigate thoroughly.
Blood/Breath Testing
We will likely need blood alcohol concentration measurements from the drunk driver. You should call the police immediately after the accident. They may arrest the driver and perform chemical testing to determine their BAC.
Security Footage
Once we realize that the drunk driver had been drinking at a casino, we may request security camera footage from the casino. Almost all casinos have security cameras, which are often of very high quality. They may show us how many drinks the drunk driver had before leaving.
Eyewitness Testimony
We should also talk to witnesses from the casino. People who were present when the drunk driver was served may testify about whether the driver appeared intoxicated when they were provided with alcohol from the casino.
What if a Drunk Driver Attended a Private Event at a Casino?
Casinos may also host private events, like parties or wedding receptions. In this scenario, the drunk driver might not have been a customer or patron of the casino, but a guest at the event. As such, you might be unsure whether the casino can be held legally responsible for an accident caused by a driver who drank too much at a private event on the premises.
If a casino furnished the alcohol for the private event through their liquor license and bartenders, the casino could be liable for damages caused by drunk guests, even if those guests did not pay the casino for the drinks. In most cases, venues will prefer to use their trained bartenders in hopes of avoiding problems with an outside vendor overserving guests on their property.
Damages Available in a Case Against a Casino That Served a Drunk Driver
When suing a casino for a drunk driving accident caused by an intoxicated patron, you may claim the same damages as you would if you sued the driver directly.
You may claim the high costs of medical care and property damage. Drunk driving accidents are known for being severe, and you might have catastrophic injuries and high hospital bills. Additionally, your vehicle may be totaled. If you miss work because of the accident, you may also claim lost wages.
On top of that, you may claim extensive damages for pain and suffering. This includes the physical pain from your injuries and mental or psychological distress, including depression, PTSD, anxiety, and an overall loss of enjoyment of your life.
Can a Casino Be Held Liable for Drunk Driving Accidents Caused by Minors?
Casinos, or any establishment for that matter, are prohibited from serving alcohol to minors. If they do, the casino may be liable for accidents caused by the intoxicated minors.
In the 1987 case of Matthews v. Konieczny, the Supreme Court of Pennsylvania decided that an establishment that sold liquor to underage minors may be held liable for resulting auto accidents even though the minors were not intoxicated when they sold them the alcohol.
In this case, the minors who purchased the alcohol did not cause the accidents. They gave the alcohol to other minors, who then caused auto accidents while intoxicated.
The defendant in this case argued that since the minors who purchased the alcohol were not visibly intoxicated, the defendant should not be held liable. The court disagreed and held that it is illegal to sell to minors even if they are not visibly intoxicated, and the defendants should be held legally responsible for the ensuing accidents.
Contact Our Pennsylvania Car Accident Lawyers for Legal Help Today
Get a free, private case analysis from our Phoenixville, PA car accident attorneys by calling The Reiff Law Firm at (215) 709-6940.
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