The Dram Shop Act as a Cause of Action in Connecticut

The Dram Shop Act holds sellers of alcoholic beverages responsible for the actions of intoxicated individuals they served. The Act establishes that if a person or their agent sells alcoholic liquor to an intoxicated individual, and as a result of that intoxication, another person or their property is harmed, the seller can be held liable for the damages caused. The act aims to provide compensation to the injured party by holding alcohol sellers accountable for their actions.

Seeking Damages Under the Dram Shop Act

To file a cause of action under the Dram Shop Act, there are several important steps to follow:

Give Written Notice: The aggrieved person or persons must provide written notice to the seller indicating their intention to bring an action under the Act. The aggrieved person must give this notice within either 120 days of the occurrence of the injury or 180 days in the case of death or incapacity.

Contents of the Notice: The notice should include the time, date, and person who purchased the alcohol. Additionally, it should state the name and address of the injured person or the owner of the damaged property. Lastly, specify the time, date, and location where the injury or property damage occurred.

Time Limit: It is crucial to file an action within one year from the date of the act or omission complained of. Failure to do so may result in the claim being time-barred.

Limitations and Exceptions

The Dram Shop Act does have limitations and exceptions to be aware of:

Monetary Limit: The act sets a cap on the damages that people can recover. The seller is liable to pay just damages up to a maximum of two hundred fifty thousand dollars ($250,000).

Negligence Exemption: If the seller has sold alcoholic liquor to a person who is twenty-one years of age or older, the injured person does not have a cause of action against the seller for negligence in the sale. This provision aims to recognize personal responsibility for adults consuming alcohol.

Conclusion

The Dram Shop Act serves as a crucial legal tool for individuals who have suffered injuries or property damage due to the actions of an intoxicated person. By understanding the key provisions of the act and following the necessary steps, one can seek compensation for the harm caused. If you believe you have a valid claim under the Act, it is advisable to consult with an experienced attorney who can guide you through the legal process and help protect your rights.

Find the Law

You can find law on the Dram Shop Act under Connecticut General Statutes § 30-102.