DUI - Driving under the influence (Dramshop Liability)

Staff Writer
Contributor
Posted by Staff WriterFebruary 15, 2006 12:22 PM

A Rhode Island jury has awarded 10.5 million dollars in damages to a Coast Guard veteran who was paralyzed as a result of being hit by a car driven by a drunk driver. The verdict was against the driver and the restaurant that he had left minutes before the accident where he had been served alcoholic beverages. The jury found the driver, Timothy Beauregard, 75% responsible for the accident and Chen's Village Restaurant 25%.

The award also included pre-judgment interest at the rate of 12% per year from the date of the injury. Because the injury occurred almost 4 years prior to the trial, the verdict was increased by approximately 45% to a total of 15.2 million dollars.

"Dramshop Liability" is the legal principle under which bars, restaurants and stores that sell alcoholic beverages can be held responsible for the actions of the people to whom they illegally serve or sell alcoholic beverages. This legal doctrine is not recognized in Virginia as the Supreme Court of Virginia has held that it is the consumption of the alcoholic beverages, not the illegal sale, which is the proximate cause of the injury.

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