Rhode Island Liquor Liability Attorneys
Establishments serving alcohol and individuals who consume alcohol both have responsibilities. Not only should a person be aware of how much he or she is drinking for his or her own wellbeing, but those serving alcohol for profit must also be aware and responsible for the safety of others, especially those on the road.
The Legal Limit
A driver is considered to be alcohol-impaired when his or her blood alcohol concentration (BAC) is .08 grams per deciliter (g/dL) or higher. Based on National Highway Traffic Administration (NHTSA) data for 2009, 10,839 people lost their lives in accidents involving a driver with a BAC of .08 or higher, which amounted to 32 percent of all motor vehicle crash fatalities for the year.
Liquor Liability Act
The Purpose
Section 3-14-2 of the Rhode Island Liquor Liability Act states that its purpose is to “prevent intoxication-related injuries, deaths and other damages among Rhode Island’s population.” This legislation creates the foundation for helping individuals who suffer damages as a result of intoxication-related incidents obtain compensation. The Act distinguishes the allocation of liability for payment of damages to those determined to be responsible for the damages. The Act provides motivation for all servers of alcohol to do so responsibly and with due care. It provides a statutory road to recovery for those injured due to careless or reckless behavior of those serving alcohol.
Liability for Negligent Service of Liquor
Section 3-14-6 states that any person or entity can be held liable for damages caused by the consumption of liquor for being negligent in serving liquor to:
- a minor (an individual under the age of 21);
- a visibly intoxicated person; and
- a minor or an intoxicated individual, if the serving person or entity knew, or if a reasonable and careful person in a similar situation would know, that the individual being served is a minor or visibly intoxicated.
Negligence is also characterized by the proof of serving alcoholic beverages to an individual under 21 years of age without asking for proper identification. Although a person or entity serving alcohol is not responsible for knowing about an individual’s consumption of alcohol or other drugs outside of the premises, it is still the person or entity’s responsibility to identify a visibly intoxicated person as any reasonable and careful individual would.
Liability for Reckless Service of Liquor
Section 3-14-7 states that liability for the reckless service of liquor is considered to occur when a person or entity:
- actively encourages intoxicated individuals to consume significant amounts of liquor;
- serves liquor to a person who is under 21 years of age when having actual or practical knowledge of the person’s age; and
- serves liquor to a person in such an extreme and consistent manner that it creates a significant risk of death by alcohol poisoning.
Statute of Limitations
Understandably, while coping with physical, financial, and emotional challenges, it may be difficult for an injured individual or family members of a deceased loved one to even think about legal action after a drunk driving accident. However, there is a statute of limitations, or a time limit, of three years under Section 3-14-11 after the cause of action for filing a lawsuit involving liquor liability against a person or entity alleging negligent or reckless actions.
Committed to Justice
Those engaging in irresponsible conduct at an establishment that serves alcohol—and drunk drivers—must be held accountable for damages associated with accidents, injuries, and fatalities that result from such conduct. At Marasco & Nesselbush, Rhode Island’s trusted personal injury law firm, our attorneys are committed to personal, economic, and social justice. In our many years of experience, we have obtained numerous successful jury verdicts and settlements for our clients afflicted by the negligence of others. We have successfully resolved many liquor liability cases. To learn more about how we can help you obtain the compensation you deserve, fill out a contact form or call one of our four convenient offices for a free consultation:
Providence (401) 274-7400
Wakefield (401) 783-0000
Warwick (401) 738-7700
Woonsocket (401) 762-9800
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Liquor Liability
Rhode Island Liquor Liability Attorneys
Establishments serving alcohol and individuals who consume alcohol both have responsibilities. Not only should a person be aware of how much he or she is drinking for his or her own wellbeing, but those serving alcohol for profit must also be aware and responsible for the safety of others, especially those on the road.
The Legal Limit
A driver is considered to be alcohol-impaired when his or her blood alcohol concentration (BAC) is .08 grams per deciliter (g/dL) or higher. Based on National Highway Traffic Administration (NHTSA) data for 2009, 10,839 people lost their lives in accidents involving a driver with a BAC of .08 or higher, which amounted to 32 percent of all motor vehicle crash fatalities for the year.
Liquor Liability Act
The Purpose
Section 3-14-2 of the Rhode Island Liquor Liability Act states that its purpose is to “prevent intoxication-related injuries, deaths and other damages among Rhode Island’s population.” This legislation creates the foundation for helping individuals who suffer damages as a result of intoxication-related incidents obtain compensation. The Act distinguishes the allocation of liability for payment of damages to those determined to be responsible for the damages. The Act provides motivation for all servers of alcohol to do so responsibly and with due care. It provides a statutory road to recovery for those injured due to careless or reckless behavior of those serving alcohol.
Liability for Negligent Service of Liquor
Section 3-14-6 states that any person or entity can be held liable for damages caused by the consumption of liquor for being negligent in serving liquor to:
Negligence is also characterized by the proof of serving alcoholic beverages to an individual under 21 years of age without asking for proper identification. Although a person or entity serving alcohol is not responsible for knowing about an individual’s consumption of alcohol or other drugs outside of the premises, it is still the person or entity’s responsibility to identify a visibly intoxicated person as any reasonable and careful individual would.
Liability for Reckless Service of Liquor
Section 3-14-7 states that liability for the reckless service of liquor is considered to occur when a person or entity:
Statute of Limitations
Understandably, while coping with physical, financial, and emotional challenges, it may be difficult for an injured individual or family members of a deceased loved one to even think about legal action after a drunk driving accident. However, there is a statute of limitations, or a time limit, of three years under Section 3-14-11 after the cause of action for filing a lawsuit involving liquor liability against a person or entity alleging negligent or reckless actions.
Committed to Justice
Those engaging in irresponsible conduct at an establishment that serves alcohol—and drunk drivers—must be held accountable for damages associated with accidents, injuries, and fatalities that result from such conduct. At Marasco & Nesselbush, Rhode Island’s trusted personal injury law firm, our attorneys are committed to personal, economic, and social justice. In our many years of experience, we have obtained numerous successful jury verdicts and settlements for our clients afflicted by the negligence of others. We have successfully resolved many liquor liability cases. To learn more about how we can help you obtain the compensation you deserve, fill out a contact form or call one of our four convenient offices for a free consultation:
Providence (401) 274-7400
Wakefield (401) 783-0000
Warwick (401) 738-7700
Woonsocket (401) 762-9800
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