Indiana Dram Shop Act: Indiana Supreme Court Weighs in on Common Law Liability
Many clients who I represent in personal injury cases where they've been seriously injured in a motor vehicle crash in Indiana due to a drunk driver ask me "what's a dram shop?" They typically ask me that question because I've advised them they have a couple of potential claims: negligence claim against the drunk driver, underinsured or uninsured claim against their own auto insurance company, and/or a dram shop claim against the bar that allegedly overserved the drunk driver. In response to the question, "what's a dram shop?" my responses is usually something along the lines of, it's a bar (or the like) that sells alcohol. A "dram" is an old British unit measuring three fourths of a teaspoon. So, "dram shop" simply referred to a tavern, or the like, that served alcohol to thirsty patrons. In Indiana bars (and the like) have been subject to criminal liability for various conduct. At the same time, Indiana bars (and the like)...