WASHINGTON, September 1, 2012 - As this Labor Day weekend begins, many of us will take to preparing cookouts and barbeques in our back yard, and our friends will join us in celebration of the American worker. Or, probably, we will have a few beers, or more.
Please make sure your quests are not intoxicated, or under the influence of alcohol when they leave your celebration.
Laws in our country directed at responsibility for drinking and driving are called Dram Shop and Social Host Laws. Dram Shop laws make retail establishments (bars and restaurants) that serve alcohol to obviously intoxicated patrons liable for the injuries that result from the crashes the intoxicated patron causes, while Social Host laws are directed at you, when you have a gathering and serve your guests alcohol when they have clearly "had too much."
I am all for "personal responsibility" and absolutely believe that if you choose to drink and then get behind the wheel of a car you should get the book thrown at you, whether you cause and accident or not. I also believe others should be responsible if they had a part in allowing you to drink and drive. There is too much that can, and unfortunately does go wrong because irresponsible people make bad choices.
As a personal injury attorney, I see first hand the damage that drunk drivers cause on the road.
Making others responsible is vital toward reducing the unnecessary injuries and deaths drunk drivers cause.
Dram Shop Laws reduce alcohol-related crashes. Numerous studies prove this: Texas saw a 6.5% decrease in alcohol related crashes immediately after a liability case was filed in 1983, and another 5.3% decrease when a second case was filed in 1984. In 2001 researchers found a 5.8% decrease in fatal collisions from Dram Shop liability laws.
Other studies have found similar deterrent effects from Dram Shop laws by 3-5%. The reason for the decrease is tied to the economic interest of the serving establishment. By including them as potentially responsible parties, they adopt more responsible serving practices.
Studies also show that where Dram Shop laws exist, publicity about the impact of over-serving increases, and more establishments adapt best practices.
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