You May be Shocked to Learn That… if you suffer severe injuries as a result of a drunk driver, the bar who over-served them may not have the means to compensate you.
Beth and her best friend Laura loved exploring the city and discovering new places to eat. They were walking home one night when suddenly, an out-of-control car jumped the curb and drove up onto the sidewalk, hitting both girls before crashing into a lamppost.
Beth managed to get up with some minor cuts and bruises, but she was unable to rouse Laura, who lay unresponsive on the pavement. Laura had suffered trauma to her skull as well as to her spine and would never walk again. It was later determined that the driver who hit the group was drunk, having gotten into this car after drinking for several hours at a local bar.
Witnesses reported that the intoxicated driver had been threatening to fellow patrons but the bar continued to serve him alcohol until they threw him out. Thinking about her friend’s mounting medical bills, Beth contacted a lawyer to see what could be done to recover compensation for Laura’s injuries, including from the bar that kept serving the driver when he was visibly intoxicated. She was shocked to learn, however, that in Massachusetts, bars and restaurants that serve alcohol are not legally required to carry any liability insurance.
As a result, if you suffer an injury, regardless of how severe (even death) because of a bar’s “over-service” of alcohol to a patron who causes the injury, you may not be compensated at all by the bar or restaurant who does not carry such “dram shop” insurance.
(M.G.L.A. c. 138 Section 69)
