Overserving at Bars and Restaurants

Bars and restaurants have an obligation when they serve alcohol to a customer to make sure that they do not serve that customer to the point of intoxication. We all know the tragic consequences of drunk driving; owners of bars and restaurants do as well. If a bar or restaurant (a “dram shop”) does “overserve” a customer who then causes an accident, the seller of alcohol can be held responsible for the injuries caused by the drunk driver.

However, in order to take advantage of this law, a very specific notice of intention to file a lawsuit must be filed with the dram shop. For an injured person, you must file notice within 120 days of the injury. If a person is killed, you must file notice within 180 days of the death. In addition, you must file the lawsuit within one year of the alcohol sale.

At Tremont Sheldon P.C. in Bridgeport, our lawyers can guide you through every step of the legal process of pursuing the compensation you deserve.

Work With Lawyers Who Have a Track Record of Success

Our team of dedicated personal injury attorneys knows how to get results. Our firm was one of the first law firms in Connecticut to take a case to trial under Connecticut’s new law, which allows a bar to be held responsible for up to $250,000 to the injured person.

You have rights, and our attorneys know how to assert them in court when that will make the difference in whether you secure compensation.

In one case, we were even able to convince a jury to order a bar to pay money for our client’s injuries when our client was a passenger in the car being driven by the drunk driver. We convinced the jury the bar should be held responsible even though our client got into the car of the drunk driver.

Contact Tremont Sheldon P.C. Today

Please call 203-212-9075 or contact us online if you have been the victim of a drunk driver, and we can review your case to see how best to proceed.

Personal Injury Frequently Asked Questions

How do I know if I have a personal injury case?

If you are injured because of the fault or wrongful conduct of another person or entity, you may have the right to bring a lawsuit to recover money damages for your losses. Some examples of the types of incidents that give rise to personal injury claims include: car accidents, motorcycle accidents, falls, sexual abuse, workplace injuries, defective products, medical malpractice, legal malpractice and nursing home negligence. You should consult with a lawyer as soon as possible after your injury to determine whether or not you have a case.

How long do I have to file a personal injury claim or case?

Under the law, you generally have two years from the date of the injury to file a personal injury lawsuit that is based on the negligent conduct of another person or entity. The time limitation for filing a lawsuit varies, however, depending upon the nature of the claim. With certain types of claims, there are also notice requirements that must be met before you file suit. It is therefore always wise to consult with a lawyer as soon as possible after your injury to make certain that your case is not time-barred.

How long will my personal injury case take?

How long a personal injury case takes depends upon a number of factors, including how long you are required to be treated for your injuries, whether the responsible party contests how the accident happened or whether it caused your injuries, and whether the responsible party and his or her insurance carrier fairly evaluate your case. Typically, if a case does not settle, a case reaches trial approximately two years from the time that it is filed in court.

What damages am I entitled to claim in a personal injury case?

In Connecticut, you are entitled to claim two types of damages: economic and noneconomic. Economic damages are intended to compensate you for past and future out-of-pocket losses. These damages may include compensation for your medical bills, lost wages and loss of earning capacity. Noneconomic damages are intended to compensate you for the past and future effects of the injuries on your life. These damages may include payment for your pain and suffering, permanent disability and loss of enjoyment of your normal activities of daily living.

How much of my time will be required?

Unless your case goes to trial, the actual amount of time that will require your personal involvement in a personal injury case is relatively minimal. The initial office conference to discuss your claim usually takes about one hour. Follow-up conferences to check on your medical progress and to update you on your case generally take less time and can be done in the office or by phone. If a lawsuit is filed, you would likely need to come into the office to review and sign certain papers required under our court rules. You may also be required to answer questions under oath at a deposition, undergo a medical examination by a doctor selected by the other party and attend a pretrial conference at court.

How much will it cost to go forward with a personal injury case?

Under the law, attorney fees in personal injury cases are paid on a contingency fee* basis. This means the fee is paid at the end of the case and is calculated on the amount of the final settlement or judgment. The fee is 33.33 percent of the first $300,000 of recovery, 25 percent of the next $300,000, 20 percent on the next $300,000, 15 percent on the next $300,000, and 10 percent on any recovery over $1.2 million. In addition, any costs incurred for medical records, court filing fees, depositions, expert fees, etc., are deducted at the end of the case from the settlement or court judgment.
*Contingency fee is defined as payment to an attorney for legal services that depends, or is contingent, upon there being some recovery or award in the case. The payment is then a percentage of the amount recovered. You pay nothing unless payment/recovery is received.