North Carolina’s drunk driving accidents are far too normal, claiming upwards of 100 lives every year. To combat the threat of drunk driving, lawmakers have passed strict drunk driving laws that prevent drivers from getting in cars when they have had too much to drink. Additionally, in some cases, North Carolina imposes liability on restaurants and saloons that over serve customers who then cause serious accidents through the state’s Dram Shop statute.
Earlier this month, an appellate court in Florida gave a written opinion in an injury case involving a drunk driver who caused an accident after drinking several drinks during a round of golf. The question the court needed to answer was if the golf course could be held liable for the plaintiff’s injuries, based on the state’s Dram Shop statute. While the North Carolina Dram Shop statute differs from Florida’s in several ways, the basic ideas are similar.
The Facts of the Case
The victim’s wife was killed when she was hit by a drunk driver. The driver was on his way home after a day of golf at the defendant golf course. The plaintiff filed an injury lawsuit against the golf course, claiming that it should be held responsible because employees of the golf course over served the driver past the point of intoxication.
The evidence showed that the driver had been to the golf course about seventy (70) times over the past three (3) years. Employees of the golf course testified that every time the man would go golfing, he would drink great amounts of whiskey, often more than six (6) strongly poured drinks over the course of a only few hours. On the day of the deadly drunk driving accident, it was established that the man consumed at least four (4) whiskey cocktails.
The defendant argued that, under Florida’s Dram Shop liability law, it could not be held responsible because employees of the golf course didn’t serve the man knowing that he had an addiction to alcohol. The court disagreed, finding that there was enough evidence presented to show that the employees should have had some indication that the man did have a problem and was addicted to booze.
In North Carolina drunk driving cases, plaintiffs need to prove that an bar or restaurant served the patron while it was reasonably apparent that the person was intoxicated.
Have You Been a Victim of a North Carolina Drunk Driving Accident?
If you or a loved one has recently been a victim of a North Carolina drunk driving accident, you may be entitled to compensation for everything that you have been through. The North Carolina personal injury and wrongful death lawyers at the Garrett, Walker, Aycoth, & Olson have a great deal of experience representing victims and their families in a many personal injury lawsuits, including DWI accidents.
Contact our Greensboro Car Accident Lawyers today if you or someone you know has been involved in a car accident in Greensboro, High Point or Asheboro.