Like many states, Massachusetts has a dram shop act that attaches liability to a business that overserves a customer with alcohol who then proceeds to cause a personal injury accident. The statute can create many interesting legal issues, but it is important for plaintiffs who were injured in crashes with drunk drivers to understand whether they have a claim against a bar, restaurant, or other business that served alcohol to the defendant before the personal injury accident took place. As seasoned Boston car accident lawyers, we are prepared to help you assess your claim and to determine whether you are entitled to compensation.
The Massachusetts Court of Appeal considered a case in which issues surrounding the liability involved with serving liquor to a guest were involved. The victim was killed in a one-car accident after leaving a restaurant owned by one of the defendants where he had been served alcoholic beverages. The plaintiff, the decedent’s estate, alleged that the restaurant was negligent and reckless in serving the decedent more drinks while he was showing signs of obvious intoxication and that this conduct was the direct and foreseeable cause of his death.
According to Massachusetts’ dram shop act, a plaintiff asserting a claim under the statute must provide within 90 days of filing the complaint an affidavit that lists enough facts to raise a legitimate question regarding the liability of the defendant.