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If you were hurt in an accident caused by someone who had too much to drink at a bar, restaurant, or other establishment, you may question whether that business can also be held liable for your injuries. Wisconsin law makes these cases harder to win than many people expect, as alcohol sellers are usually protected from liability for the actions of their adult customers. Knowing when an exception applies can help you understand whether you may have a claim against the business that served the alcohol.
At Pemberton Personal Injury Law Firm, we help Sun Prairie residents understand their options after alcohol-related accidents, including cases that may fall under dram shop liability. Our team reviews the facts of your accident to determine whether an establishment failed to follow Wisconsin’s alcohol service laws and whether that failure contributed to your injuries.
Dram shop liability refers to the legal responsibility a business may have when it serves alcohol to someone who then causes harm to another person. The phrase comes from an old practice of selling liquor by a small measurement called a “dram.” Today, dram shop laws apply to bars, restaurants, taverns, and liquor stores that sell alcohol to patrons.
Some states allow broader claims against establishments that serve alcohol to intoxicated adults who later cause an accident. Wisconsin takes a much narrower approach. Businesses here generally cannot be held responsible for injuries caused by an adult customer who was overserved, even if that customer appeared obviously drunk at the time.
Wisconsin’s dram shop statute, found at Wis. Stat. § 125.035, starts from the position that alcohol sellers are not liable for injuries caused by the people they serve. There are, however, a few narrow situations where this protection does not apply.
A business or individual may face liability if they forced someone to drink alcohol against their will, or if they told someone a drink did not contain alcohol when it did. One important exception involves underage drinkers. A seller can be held responsible if they knew, or reasonably should have known, that a customer was under 21 and served them anyway, and that service was a substantial factor in causing an injury.
If your case fits one of Wisconsin’s narrow exceptions, you may be able to recover several types of damages. These can include medical bills, lost wages, and pain and suffering tied directly to your injuries.
These cases are often complex, especially when multiple parties may share responsibility for your losses. We can help you understand how Wisconsin’s dram shop law applies to your situation and whether pursuing other responsible parties makes sense for your case.
Building a dram shop case takes more than proving someone was drinking before an accident. We look closely at what happened before the accident, what the establishment and its staff knew, and how the alcohol service may connect to your injuries.
Evidence in these cases may include sales receipts, surveillance video, and witness or employee statements that help show what the business knew at the time. We also work to establish the timeline connecting the accident to the alcohol service in question, as Wisconsin law requires a clear link between the two. Property owners in Wisconsin are also required to exercise reasonable care in maintaining safe conditions for people lawfully on their premises, which can play a role when an accident happens on-site at a bar or event venue.
If a family member died as a result of an alcohol-related accident, Wisconsin law may allow surviving family members to pursue a wrongful death claim against the responsible parties, including an establishment that violated the dram shop statute. These cases carry their own deadlines and requirements, so it helps to have someone walk you through what applies to your situation.
Dram shop cases in Wisconsin involve narrow legal exceptions, and proving a business knew or should have known about a customer’s age takes careful investigation. Our Sun Prairie personal injury lawyers can investigate what happened, gather available evidence, and explain your options while you focus on healing. We built our firm on the Pemberton Promise, a commitment to treating every client with honesty, respect, and care.
If you have questions about your accident or want to know whether a dram shop claim applies to your situation, our team is ready to help. You can also visit our FAQs page for answers to common questions about the personal injury process, or reach out to us directly to get started with a free case evaluation.
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 multiple facial lacerations—including scratches to the right eyelid and below the eyes—a red mark on the nose, and swelling and bruising to the eyelids. After incurring $21,663.78 in medical treatment, our firm secured a $400,000 settlement to compensate the client for medical expenses, pain and suffering, and the potential for lasting cosmetic and emotional harm.
The client suffered a fractured femur near the hip after a serious fall. We secured a $200,000 settlement to compensate for the client’s injuries. Although no lien reduction was possible, the result provided substantial financial recovery for the client.
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.
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.
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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.
