Generally, if you're injured by an intoxicated person, you can sue that person for damages. However, in certain circumstances, Oklahoma also allows an injured party to seek damages against the person who supplied the alcohol. Traditionally, third-party claims against alcohol vendors (restaurants, bars, and the like) have been called "dram shop" claims (alcohol used to be sold in a unit of measurement called a "dram"). When a non-vendor who supplies alcohol is held responsible for an intoxicated person's subsequent actions, it's sometimes called "social host liability."
In this article, we'll examine Oklahoma's rules regarding these kinds of third-party liability for an alcohol-related accident.
Many states have dram shop laws that specify when an injured party has a remedy against an alcohol vendor. Oklahoma doesn't have a dram shop law, but courts have held that injured parties still have dram shop remedies against vendors who unlawfully provide alcohol to patrons who are:
For a vendor to be held liable, the circumstances must indicate the vendor "reasonably should have known" the patrol who later caused an accident was already intoxicated or underage.
Here is an additional example of a case in which Oklahoma's dram shop law might apply. Suppose that Don stops at Bill's Bar for a few drinks. Although Don becomes noticeably intoxicated, slurring his speech and having trouble walking, the bartender continues to serve him. Eventually, Don tries to leave the bar but falls down the bar's front steps, colliding with Philip and injuring him.
Philip can seek damages from Don for causing the accident. But he can also seek damages from Bill's Bar, which continued to serve alcohol to Don after Don became noticeably intoxicated.
Thus far, Oklahoma courts have been reluctant to extend third-party liability to social hosts who provide alcohol to guests. So, generally, social hosts can't be held liable if an intoxicated guest causes harm to another person.
For instance, suppose that instead of occurring at Bill's Bar, the example above occurred at the home of Hank, a social host throwing a party to which Don and Philip were invited. Again, Don becomes noticeably intoxicated and falls down the front steps of Hank's house, injuring Philip. Although the facts of the two cases are nearly identical, Philip cannot sue Hank for providing alcohol to Don, because Hank is a social host, not a licensed alcohol vendor.
Like other types of injury claims, a dram shop claim in Oklahoma must be filed in court within the time limit set by the state's statute of limitations. Generally, Oklahoma requires injury claims to be filed in court within two years of the date of the accident. However, because every case is different, it's best to consult an attorney as soon as possible after an injury to ensure your rights are protected.
Since dram shop cases are civil claims, an alcohol vendor's liability is expressed solely in terms of money damages. Damages in a dram shop case might include payment for:
The amounts, of course, depend on the specific circumstances of the case.