Hit by a drunk driver? What to record and what dram shop law says

A dram shop is "a commercial establishment that sells alcoholic beverages" [1]. Dram shop laws "hold alcohol-serving businesses" [1] liable when they serve visibly intoxicated or underage patrons who later cause harm. Cornell's Legal Information Institute adds that these laws are usually based on negligence, not strict liability, and that most jurisdictions limit them to harm suffered by others [1].

Whether a particular state has such a law, and what it requires, is set by that state. The four launch states differ, as the table shows. This is general information as of November 9, 2026, not legal advice.

Damage caps: none of the statutes quoted on this page states a cap on damages. Alabama's text refers to "all damages actually sustained as well as exemplary damages" [4]. Our reading is limited to the sections cited; other parts of each state's code and case law can matter and we did not review them.

The legislature's starting point is a finding: "the consumption of any alcoholic beverage or beer rather than the furnishing of any alcoholic beverage or beer is the proximate cause of injuries inflicted upon another by an intoxicated person." [2] Section 57-10-102 then sets the exception. No judge or jury may award damages against a seller "unless such jury of twelve (12) persons has first ascertained beyond a reasonable doubt" [3] that the sale was the proximate cause of the injury or death and that the seller either "Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years" [3] or "Sold the alcoholic beverage or beer to a visibly intoxicated person" [3], and that person caused the injury or death as the direct result of consuming what was sold. Statute text is from the FindLaw mirror, current as of January 2, 2024.

Section 6-5-71(a)(1) starts by saying a seller "shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication" [4] of an individual of lawful drinking age. It then gives a right of action to anyone injured in person, property or means of support by an intoxicated individual against a person who "knowingly sells, furnishes, or serves alcoholic beverages" [4] to a visibly intoxicated individual when that is the proximate cause. "Knowingly" means "knew or should have known under the circumstances." [4] On proof, the section says visible intoxication is judged on "the totality of the circumstances present at the time of service of the alcoholic beverages" [4]. The section also says the injured person "may commence a joint or separate action against the individual intoxicated or the person who furnished the alcoholic beverages" [4].

The legislature's note to Act 2023-25 says it intended to replace a strict-liability standard and not "to broaden liability to social hosts for serving alcoholic beverages to an individual 21 years of age or older" [5].

Oklahoma's civil rule comes from the courts. In MeGee v. El Patio (2023 OK 14) the Oklahoma Supreme Court wrote that "The common law rule was that a liquor vendor is not civilly liable for injuries to a third party that are caused by the acts of an intoxicated patron." [8] It then described the change: "a third party injured by a drunk driver may state a cause of action against the commercial vendor that over-served the driver" [8]. A separate opinion in the same case says that "the civil liability created by" [8] that earlier decision has not been written into statute by the legislature; we read that as a judge's view, not a holding.

The statute 37A O.S. § 6-101 provides that no person shall "Sell, deliver or knowingly furnish alcoholic beverages to an intoxicated person" [6]. Section 6-121 makes knowingly doing so a misdemeanor for a first violation, "a Class D3 felony offense" [7] for a later one, and requires the ABLE Commission to revoke the license of a person convicted. These are criminal and licensing rules, not a civil damages statute.

Two statutes apply to sellers. Section 61-4-580 says a beer or wine permit holder, or an employee, may not "knowingly commit any of the following acts" [9], including to "sell beer or wine to an intoxicated person" [9]. A version effective January 1, 2026 adds "In addition to civil liability as provided by law" [9] penalties from the department: a $2,500 fine for a first offense, up to a 14-day suspension for a second offense within two years, and revocation for a third within three. Section 61-2-145 requires a permit or license holder selling for on-premises consumption after 5 p.m. to maintain a liquor liability policy [10], unless it qualifies under a risk mitigation program. Those sections set licensing and insurance duties; neither states a civil action by an injured person. We did not review South Carolina case law, so we cannot say how courts treat such claims.

• What to do after a car accident
• If the driver who hit you left and whether that is a felony
• Car accident deadlines by state
• Car accident statistics by state