Can DUI Victims Sue a Bar or Restaurant for Serving Impaired Patrons?

Car accident victim Courtney Griffin’s father filed the wrongful death suit against both driver Gabrielled Nestande, 23, and the Clive Bar in downtown Austin. The suit claims that servers at the bar continued to serve Nestande after she was “visually impaired.”

Nestande struck Griffin and continued driving. She told officers she looked down at her phone before the collision and was unaware of what she struck. Nestande was convicted of criminally negligent homicide—a jury determined that prosecution failed to prove she was impaired at the time of the accident. The lawsuit seeks unspecified damages.

Dram shop law is the legal term for this lawsuit—the law can hold establishments responsible in situations like this one. The bar is legally required to stop serving patrons who are visually impaired and take reasonable steps to ensure they are not driving a vehicle.

These cases are obviously very complex and there are almost an infinite number of variables to consider. If you or a loved one has been injured in an accident, please contact our firm today for a free consultation.

Tip of the week: According to the CDC, drunk driving accounts for approximately one-third of all traffic fatalities in the US.

Dudek Law Firm, APC—San Diego wrongful death attorney



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