Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
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If a drunk driver hurt you, you may be wondering whether more than one party could be held responsible. Wisconsin’s dram shop laws address exactly this question, though the rules here are stricter than in many other states. Understanding how these laws work can help you figure out who may be responsible for your injuries.
At Pemberton Personal Injury Law Firm, we help injured people across Wisconsin understand their options after alcohol-related crashes. We know these cases raise unique legal questions, and we’re ready to walk you through what Wisconsin law does and does not allow when it comes to holding a bar, restaurant, or liquor store accountable.
“Dram shop” is an old term referring to establishments that sell alcohol by the drink. Today, it describes any business, bar, restaurant, or liquor store that could face civil liability for serving alcohol to certain people who go on to cause harm.
Some states allow broader claims against bars that serve alcohol to intoxicated adults. Wisconsin does not follow that broader approach. Instead, our state’s law, found in Wisconsin Statute § 125.035, generally protects alcohol vendors from liability for injuries caused by the adults they serve.
Wisconsin’s law does carve out the following narrow situations where a vendor or host can still be held responsible:
Outside of these two circumstances, Wisconsin law shields licensed sellers from civil claims tied to an intoxicated adult’s actions. This makes dram shop cases in our state more limited than what you might see in national news stories about lawsuits in other parts of the country.
Wisconsin also addresses liability for private party hosts, not just licensed businesses. This is covered under a separate statute, Wis. Stat. § 125.07, which deals with providing alcohol to underage drinkers.
A social host who knowingly gives alcohol to a minor, or who allows underage drinking to continue on their property, can potentially face civil responsibility if that minor later causes an accident. As with vendor liability, the focus stays on underage drinking rather than general overservice to adults.
According to the Centers for Disease Control and Prevention, alcohol-impaired drivers were involved in over 13,000 traffic deaths nationwide in 2022, accounting for roughly a third of all traffic fatalities. Cases involving underage drinkers add another layer of urgency to these already serious statistics.
Building a strong claim starts with gathering the right information as early as possible. Some steps that can help include the following:
These details can help your lawyer understand whether a claim against an alcohol provider or another party may be available as part of your car accident case. Our team can also help you understand how premises liability principles might apply if the accident happened on someone else’s property.
Dram shop claims can involve detailed questions about who provided the alcohol, who received it, and what happened afterward. A police report may not answer all of those questions, so additional investigation can be important.
An experienced attorney knows how to gather the right evidence, such as receipts, surveillance footage, witness statements, and staff records, to show that alcohol was served to a minor or that consumption was forced. A thorough investigation can help clarify whether the evidence supports an additional claim.
Having a lawyer also matters because dram shop and social host claims often run alongside a standard car accident claim against the driver. A lawyer can help determine how these claims fit together and which sources of compensation may be available while you focus on your recovery.
Dram shop and social host claims are technical, and Wisconsin’s narrow exceptions mean these cases require careful legal analysis from the start. Our team has spent years handling personal injury claims throughout Baraboo, Madison, Eau Claire, and the surrounding communities, and we know how to dig into the facts of an alcohol-related crash to find every available source of compensation.
If you believe alcohol played a role in your accident, it can help to explore your legal options early. Reach out to Pemberton Personal Injury Law Firm today to schedule a free case evaluation and find out how we can help you move forward.
With four offices across the state, we're never far from where you need us.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.
Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.
Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.
Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.
$40M+ Won For Our Clients
Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
The client sustained catastrophic injuries in a car accident — dislocated ribs and multiple vertebrae (including C3–C4, L4–L5, S1), a C2–3 cord lesion with right leg pain/weakness, concussion with loss of consciousness, abrasions, and ongoing neck, shoulder, back, knee and hip problems, as well as anxiety, depression and PTSD. With medical bills totaling $203,240.17, we secured a $595,000 settlement to compensate the client for extensive physical and psychological harms and to maximize their recovery.
The client was injured in an auto accident, sustaining injuries to the left shoulder, lower back, left hand, as well as whiplash and dental damage. The insurer initially refused to make any settlement offer. We filed suit and secured the full $500,000 policy limit without the need for depositions or trial, while also reducing liens by $30,242.98.
“If you ever need an attorney, he would be the first one I recommend”
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.