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If you were hurt in an Eau Claire drunk driving accident, you may wonder whether the bar, restaurant, or store that served the alcohol shares any blame. This area of law is called dram shop liability, and it is more limited in Wisconsin than in many other states. Understanding how it works can help you figure out who may be responsible after a crash caused by an intoxicated driver.
Pemberton Personal Injury Law Firm helps injured people across Eau Claire sort through these questions. We look at every angle of a case, including whether an establishment broke the law by serving alcohol to a minor, so you know who can be held responsible for your injuries.
Dram shop liability refers to laws that let injured people sue businesses that serve alcohol when that alcohol later contributes to someone getting hurt. The phrase comes from old English taverns that sold gin by the “dram,” a small unit of measurement.
Some states allow broader claims against bars or restaurants that serve alcohol to an intoxicated adult who later causes an accident. Wisconsin takes a much narrower approach. Under Wisconsin Statute 125.035, a person is generally immune from civil liability for procuring, selling, dispensing, or giving away alcohol. This means most Wisconsin businesses cannot be sued simply for serving a customer who later drove drunk and caused a crash.
Wisconsin law carves out a few narrow exceptions to this general immunity. These exceptions focus on situations involving minors or intentional misconduct, not ordinary overserving.
A business may be held responsible in situations involving the following:
Outside of these situations, Wisconsin’s immunity law generally protects vendors, even when a customer leaves visibly intoxicated. If you were hurt by a drunk driver in Eau Claire, our dedicated lawyers can review the facts of your case to see whether one of these exceptions might apply.
Because Wisconsin’s dram shop law is so limited, most claims after a drunk driving accident are filed against the driver rather than the business that served them. Our Eau Claire drunk driving accident attorneys can identify the people or businesses that may share responsibility and the insurance coverage that may apply.
That said, dram shop claims still come up, especially in cases involving underage drinking. If a minor was served at a bar or party before causing a crash, that detail can open the door to an additional claim against the business or social host. Sorting through these questions can feel overwhelming while you are also recovering from your injuries.
Gathering information early can help preserve evidence and give your lawyer a clearer picture of what happened.
Steps that can help your case include:
Wisconsin also limits how long you have to bring a claim. Typically, you must file a lawsuit within three years of the accident date, and this time period generally applies to car accident claims under Wisconsin law. However, important exceptions and nuances can affect the applicable deadline, so it helps to contact our lawyers as soon as possible.
A drunk driving crash in Eau Claire could involve a driver who was served alcohol in another state, such as Minnesota, before entering Wisconsin. Depending on where the alcohol was served, a different state’s dram shop laws could apply instead of Wisconsin’s more restrictive rules.
That can make the case more complicated because it may require determining where the alcohol was served and which state’s law applies. If you were hit by a driver who may have been drinking across state lines, this is another reason to have your case reviewed closely rather than assuming Wisconsin’s limits automatically apply.
Dram shop cases can be difficult, and Wisconsin’s narrow rules can make it hard to know whether you have a valid claim against a bar or restaurant. Our Eau Claire team reviews the details of your accident, including who served the alcohol and who received it, to help you understand your options.
If you were hurt by a drunk driver in Eau Claire, we are ready to look into what happened. Contact our office to schedule a free case evaluation and learn how we may be able to help.
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
The client suffered nine puncture wounds to the right arm, requiring surgery to remove bone fragments and clean out the injuries. After accumulating over $30,000 in medical bills, we secured a $150,000 settlement and reduced medical liens by one-third, helping maximize the client’s recovery.
The client suffered a concussion, whiplash, and cervical, thoracic and lumbar pain after a slip-and-fall on the property, resulting in $189,009.19 in medical bills. We negotiated a $115,000 settlement and secured a 40% reduction of the medical lien—saving $15,927.32—leaving a lien balance of $39,407.33, so the client kept a far greater portion of their recovery.
The client slipped on snow/ice in a workplace parking lot while taking out trash, suffered a broken right femur and required right-hip surgery, and later experienced numbness/tingling in the left leg. The firm declined a $30,000 pre-suit offer, filed suit, and secured a $105,000 settlement to compensate for the client’s injuries.
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.
In this car accident case, the client suffered catastrophic injuries in a head-on collision when the at-fault driver crossed the center line. Her injuries included multiple broken bones in the chest, ribs, wrist, and ankle, internal injuries requiring intestinal surgery, and a damaged artery in the spine. With medical expenses exceeding $4,000, we secured the at-fault driver’s full insurance coverage and pursued an additional $1,000,000 from the client’s own insurance policy. We also negotiated a reduction of more than $468,000 in outstanding medical costs to ensure the client received maximum financial recovery for her life-altering injuries and permanent impact on her ability to work.
The client’s loved one suffered a fatal injury in an auto collision that resulted in over $382,000 in medical bills. Acting as the family’s second attorney, we navigated difficult policy-limit issues and secured a $1,000,000 settlement. While the case had greater overall value and the family would have liked a higher recovery, they chose to settle to avoid prolonged litigation and move forward.
“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.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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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.
