After the Incident– What Evidence to Collect for a Dram Shop Case
Handling Dram shop cases requires an understanding of the complex laws and regulations that can impact the outcome of your case. These cases typically involve establishments like bars and restaurants. The bar or the workers there become responsible when they serve alcohol to someone who is already intoxicated and then go ahead to cause harm.
If one is involved in such a case and has been injured, the important step to take is collecting evidence. While hiring a lawyer can increase your chances of winning, helping your lawyer by providing them with as much evidence as you can saves time. The crucial time for collecting evidence is the moments right after the accident to prove negligence.
The more time passes, the more it becomes easier to hide or tamper evidence. Therefore, one must act quickly. Pennsylvania’s Liquor Code requires responsible service from licensed establishments. By proving that the establishment was negligent with the help of an attorney from the Quinn Law Group, LLC, you can win the case.
List of evidence to collect after a dram shop incident
- Witness statements.
You must collect witness statements to establish liability in a dram shop case. It is important to gather testimonies from individuals who observed the over-serving of alcohol to the intoxicated person.
These statements can provide details of the behavior of the intoxicated person before, during, and after the incident. Witnesses may include patrons and other individuals who interacted with the intoxicated person.
- Receipts, transactions, and payment records.
When you are building a case, it is important to gather payment records and receipts. Receipts that detail the timing, type, and quantity of alcohol served can provide clear evidence of how excessively the alcohol was served to the intoxicated person.
For example, if a receipt shows that someone bought many drinks in a short amount of time, it can suggest that the bar or restaurant overlooked its duty of care. Moreover, reviewing payment records can show patterns of over-serving or frequent purchases, supporting claims of negligence.
- Surveillance footage.
Video evidence, such as surveillance footage, plays an important role in dram shop cases. This type of evidence can show how drunk the person was, like stumbling, slurring their speech, or acting aggressively.
It is highly recommended to secure this footage, as restaurants and bars often erase older recordings after a certain time. It is important to contact the bar or restaurant right after the incident and ask for the security camera footage.
- Photos and physical evidence.
Collecting photos and physical evidence can make your claim strong. Photographs of the scene, the behaviors shown by the intoxicated person, and any damages related to the incident serve as important evidence.
Also, it is advisable to take pictures of the drunk person, especially if they look unsteady or aggressive. Moreover, photos of any damage to cars or injuries can also help support your claims.
- Police reports and medical records.
You should request the police officers for a police report and gather medical records. Police reports often contain valuable details, such as the officer’s observation of the intoxicated individual and breathalyzer results, which can help establish the level of intoxication at the time of the incident.
Getting medical records can show how drunk the person was and what injuries they suffered because of the accident.
- Bar and restaurant staff testimonies.
Statements from bar and staff members can provide valuable insights into the service practices of the restaurant. Bartenders, waitstaff, and other employees present during the incident can offer testimonials regarding their observations of the intoxicated person and the actions taken by the bar. This can be valuable to the case.
Read also: What to Do if Your Employer Violates Labor Laws: A Step-by-Step Guide
Protect your rights after a Dram shop accident!
Dram shop accident cases can be complex to deal with, especially when you are a non-professional. Consult with an attorney today!