Honolulu Dram Shop Liability Attorneys
Investigating the Causes of Your Accident
Sometimes, it is not only the drinking driver who is at fault in a drunk
driving accident. Like many other states, Hawaii holds the party host,
bar, restaurant or liquor store that served a drinking driver responsible
for any harm he or she causes in a car crash. Hawaii applies such "dram
shop liability" to those who sell or serve alcohol to drinking drivers
or underage drivers by allowing for criminal charges to be brought against
them and by allowing personal injury claims to be brought against them.
Leavitt Yamane & Soldner can help if you have been injured or lost
a loved one in a
car accident in Honolulu or anywhere in the Hawaii Islands that was caused by a driver
who was served alcohol while intoxicated or who was too young to drink
legally. We can investigate the circumstances of your accident and, if
possible, pursue a claim on your behalf under dram shop liability principles.
Call us at (808) 518-2120 for
free, no-obligation review
of your case and the legal options available to you.
How Hawaii Law Holds Alcohol Servers Accountable
Hawaii's Liquor Control Law makes it illegal to sell or serve alcohol
to anyone who is:
- Addicted to alcohol
- Consuming the alcohol in a motor vehicle
- Under age 21
This is known as a "dram shop" law. It is so named for 18th-century
shops in England that illegally sold gin by the dram (about 3/4 of a teaspoon).
The law imposes criminal penalties but not civil liability. However, a
Hawaii court case known as
Ono v. Applegate concluded that injured parties may hold a bar liable if it served alcohol
to a drunk driver who the bartender knew or should have known was under
the influence of liquor when they were served. This is considered "common
law dram shop liability."
How We Help You Apply Dram Shop Liability
Your Leavitt Yamane & Soldner attorney can investigate your accident
to determine whether you have a dram shop liability case.
For instance, we would gather evidence such as:
- Cell phone records (showing the driver was at a bar, store or party prior
to the wreck)
- Debit card or credit card receipts (showing alcohol purchases)
- Witnesses (describing the driver's alcohol consumption or state of
Once we determine whether dram shop liability exists, we can the approach
the person or company to negotiate a proper settlement for you or take
your case to court. In addition to securing compensation for you, we believe
that pursuing dram shop cases helps to make Honolulu and all of Hawaii
a safer place. As the National Highway Traffic Safety Administration notes,
"Studies indicate that enforcement and prosecution of dram shop laws
... are associated with a substantial reduction in alcohol-related harm."
Talk with Our Honolulu Personal Injury Attorneys About Your Dram Shop Case
Our Honolulu car accident lawyers of Leavitt Yamane & Soldner are serious
about putting our years of combined experience, skills, and resources
to work to hold those who sell alcohol to intoxicated and/or underage
people accountable for the harm they cause.
Contact us today to get started on your case. Our consultations are always free.