When it comes to alcohol-related accidents, the responsibility doesn’t always fall solely on the person who consumed the alcohol. In some cases, the establishment that served the alcohol can also be held responsible under Idaho’s Dram Shop Liability laws. However, in cases where both parties share some level of responsibility, Idaho law recognizes the concept of comparative negligence.
Comparative negligence is a legal principle that allows the court to determine the degree of fault for each party involved in an accident. In Idaho, this principle is used to determine how damages should be awarded in Dram Shop Liability cases where both the person who consumed alcohol and the establishment that served the alcohol share some level of responsibility for the accident.
Idaho’s comparative negligence law is based on the idea that both parties can be held accountable for their actions. The court will assign a percentage of fault to each party based on the evidence presented in the case. For example, if a person who was clearly intoxicated was served alcohol by a bartender who knew they were intoxicated, the bartender may be found to be 75% at fault, while the person who consumed the alcohol may be found to be 25% at fault.
Once fault has been determined, damages will be awarded based on each party’s degree of fault. In the above example, if the damages awarded were $100,000, the bartender would be responsible for 75% of the damages, or $75,000, while the person who consumed the alcohol would be responsible for 25% of the damages, or $25,000.
It’s important to note that Idaho’s comparative negligence law only applies in cases where the plaintiff is found to be less than 50% at fault. If the plaintiff is found to be 50% or more at fault, they will not be able to recover any damages.
Comparative negligence can be a complex legal principle to understand, and it’s important to work with an experienced attorney if you’re involved in a Dram Shop Liability case in Idaho. An attorney can help you understand your rights and responsibilities under the law, and can help ensure that you receive the compensation you deserve.
It’s also important to understand Idaho’s Dram Shop Liability laws. These laws hold establishments such as bars, restaurants, and liquor stores responsible for serving alcohol to individuals who are visibly intoxicated or under the age of 21, and who subsequently cause harm to themselves or others as a result of their intoxication.
Idaho’s Dram Shop Liability laws are designed to prevent alcohol-related accidents by holding establishments accountable for their role in serving alcohol to individuals who are already intoxicated or under the age of 21. However, as we’ve discussed, these laws also take into account the concept of comparative negligence, which means that the person who consumed the alcohol may also share some level of responsibility for the accident.
It’s important to note that there are some limitations to Idaho’s Dram Shop Liability laws. For example, the law does not apply to social hosts who serve alcohol in their private homes. Additionally, the law does not apply to individuals who purchase alcohol for personal consumption and then cause harm to themselves or others as a result of their intoxication.
Idaho’s Dram Shop Liability laws and comparative negligence principles work together to ensure that individuals who are injured in alcohol-related accidents receive fair compensation for their injuries. If you’ve been involved in an alcohol-related accident and believe that both you and the establishment that served the alcohol share some level of responsibility, it’s important to consult with an experienced attorney who can help you understand your rights and options under the law.
Hepworth Holzer, LLP is a Boise-based personal injury law firm with extensive experience in handling Idaho Dram Shop Liability cases involving comparative negligence. Our team of experienced attorneys understands the complexities of Idaho’s comparative negligence laws and how they apply in Dram Shop Liability cases.
Here’s how we can help:
We can investigate the case thoroughly: We’ll conduct a thorough investigation of the accident to determine the level of fault for each party involved. We’ll review police reports, medical records, and other evidence to build a strong case on your behalf.
We can negotiate with the insurance companies: We’ll negotiate with the insurance companies representing the establishment that served the alcohol to ensure that you receive fair compensation for your injuries. Our goal is to ensure that you’re not left paying for expenses that are not your fault.
We can represent you in court: If necessary, we’ll represent you in court and argue your case to a judge or jury. Our attorneys have extensive trial experience and are committed to achieving the best possible outcome for our clients.
We can handle all legal aspects of the case: We understand that dealing with a personal injury case can be overwhelming. That’s why we handle all aspects of the case, including filing paperwork, communicating with insurance companies, and representing you in court. This allows you to focus on your recovery and getting your life back on track.
If you’ve been involved in an alcohol-related accident and believe that both you and the establishment that served the alcohol share some level of responsibility, don’t hesitate to contact Hepworth Holzer, LLP. Our attorneys are dedicated to helping our clients receive the compensation they deserve, and we’ll work tirelessly to achieve the best possible outcome for your case.