Most states including Mississippi have dram shop laws that provide limited immunity from liability for auto accidents caused by patrons of bars and restaurants. Some states also impose liability under similar circumstances on social hosts, but Mississippi is not one of those states. These laws also impose liability in particular circumstances on those who furnish alcohol to drivers who are subsequently involved in drunk driving accidents. The Mississippi dram shop law imposes liability on bars, restaurants and other businesses that serve alcohol to drivers who are visibly intoxicated or underage. A recent Mississippi appellate case Robinson Prop. Group, Ltd. P’ship v. McCalman, 2011 Miss. LEXIS 19 (Miss. Jan. 13, 2011) provides insight into the complex factual inquiry that may be involved under the Mississippi dram shop law.
In McCalman, the defendant was a casino in wrongful death lawsuit brought on behalf of two passengers in a car that died when a drunk driver struck the car. The trial court held that the casino was liable because the drunk driver had been served alcohol at the casino before the car accident. The appellate court analyzed the trial court’s imposition of liability on the casino under Mississippi’s Dram Shop Act, Miss. Code Ann. 67-3-73(4) (2005) that required proof that it served alcohol to the driver when he was visibly intoxicated.
Although the casino presented evidence that it had trained personnel who would have detected the driver’s intoxication, the casino was busy before the driver left the casino. The heirs’ of the Mississippi wrongful death victim provided testimony from an expert witness who offered an opinion that the driver’s blood alcohol content was high enough that trained personnel should have spotted his intoxication. The casino’s expert also acknowledged that the driver would have been intoxicated within the half-hour after he left the casino.
Mississippi’s statute commonly called the Dram Shop Act, according to its title, provides immunity from liability of persons who lawfully furnished or sold intoxicating beverages to one causing damage. The statute includes the exception that the limitation of liability provided by this section shall not apply to any holder of an alcoholic beverage, beer or light wine permit, or any agent or employee of such holder when it is shown that the person making a purchase of an alcoholic beverage was at the time of such purchase visibly intoxicated. Miss. Code Ann. 67-3-73(4) (2005), Robinson Prop. Group, Ltd. P’ship v. McCalman, 2011 Miss. LEXIS 19 (Miss. Jan. 13, 2011).
In McCalman, the driver was visibly intoxicated when the alcohol was purchased so liability against the casino was imposed under Mississippi’s dram shop act. For bar owners, this means that serving alcohol to a drunken person who then drives will expose the bar to negligence damages if there is in a Mississippi car accident resulting in injuries or wrongful death. This case also reveals that the specific facts of the case are important in establishing that the driver whose intoxication causes a Mississippi accident was “visibly intoxicated.” Both sides in this case employed expert testimony, which is common in dram shop cases. Other evidence that may establish that a drunk driver was served when visibly intoxicated includes testimony of serving staff, surveillance video footage, credit card statements or bar receipts and other similar evidence.
If you or a loved one is injured or you have suffered the loss of a loved one to a drunk driver in Mississippi, you may be entitled to compensation for your injuries or loss. The compassionate and dedicated attorneys at Barrett Law PLLC represent victims of Mississippi drunk driving accidents throughout the state. Our law firm roots date back over 75 years in representing those who are injured or killed by the negligence of others. A Mississippi accident attorney from our law firm can provide a free initial case evaluation when you call (662) 834-2376.