When someone gets behind the wheel after drinking and causes injuries or worse, the parties who could be liable extend beyond the driver who caused the crash. While many states have a law in existence that’s known as the Dram Shop Act, Washington’s liability standards are not as clear. This is partially what led to the overturning of a trial court award by the Appellate Court for a disabled child. Yesterday, the award was restored by the Supreme Court.

According to the Seattle Post-Intelligencer:

“The Supreme Court in Washington state on Thursday unanimously reinstated a $14 million award to a family who sued a tavern and a bartender after one of the bar’s customers drove away from the establishment and collided with their car, leaving a 7-year-old-boy a paraplegic.

Under state law, bartenders who serve visibly intoxicated customers are liable for damages to potential victims. At question was the type of evidence needed to prove “negligent overservice.”

Washington state’s justices noted that a forensic consultant found that the bar patron – Hawkeye Kinkaid – likely drank the equivalent of either 21 12-ounce beers or 30 ounces of 80-proof alcohol, and probably had a blood alcohol content of 0.32 at the time of the collision. The legal threshold in Washington state is 0.08.”

While this situation remains a senseless tragedy for many involved, including the driver who was killed in the accident, the boy who faces a lifetime of struggle will now be able to rest assured that his care will be paid for adequately. If you or someone you love has been harmed in a DUI accident, contact the attorneys at Phillips & Webster today to schedule a free initial consultation.