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Portland Dram Shop Lawyer
Find out why we have some of the best dram shop attorneys in Portland, Oregon
Representing Dram Shop Claims Since 1994
Drunk driving is one of the leading causes of traffic deaths in Portland. In 2023, 10 traffic deaths related to alcohol were reported, accounting for 13.33% of all traffic-related deaths in the city. [1] In all of these drunk driving accident cases, we held the drunk drivers themselves as the responsible parties. However, licensed premises such as bars, restaurants, taverns, and private party hosts are also legally liable for serving alcohol to these drunk drivers.
A skilled litigator with extensive trial experience is essential in navigating the legal hurdles that often arise in dram shop cases. Our dram shop attorneys at Goldberg & Loren in Portland know how to build a strong case against a dram shop. We have over 120 years of combined experience handling various cases, including dram shop liability cases and personal injury cases.
Call us at (971) 339-8080 and talk with our dram shop lawyer today. Free consultations.
What is a Dram Shop?
A dram shop refers to an establishment, typically a tavern or bar, that sells alcoholic beverages. In Oregon liquor liability law, a dram shop plays a significant role in determining liability for accidents or damages caused by an individual who has consumed alcohol at that establishment.
Understanding Dram Shop Laws in Oregon
Dram Shop Laws impose liability on establishments that are providers of alcohol to people who subsequently cause harm to themselves or others.
These laws hold alcohol-serving establishments accountable for the actions of intoxicated patrons, recognizing the significant role they may play in alcohol-related incidents and injuries.
Overview of Portland's Dram Shop Law
Oregon’s Dram Shop Law is designed to hold establishments accountable for the consequences of serving alcohol to visibly intoxicated individuals. Under this law, establishments such as bars, restaurants, and liquor stores can be held liable if they continue to serve alcohol to someone who is already noticeably drunk. This liability extends to alcohol-related accidents and injuries caused by the intoxicated individual. [2]
Essentially, the key provision of Oregon’s Dram Shop Law is that establishments must exercise reasonable care when serving alcohol and avoid serving it to those who are visibly intoxicated. By ensuring that establishments are responsible for not over-serving individuals who are visibly intoxicated, the law helps to minimize the likelihood of intoxicated drivers getting behind the wheel.
Notice Requirements
In Oregon, when filing a dram shop claim, it is necessary to fulfill the notice requirements within a specific time limit to effectively proceed with the personal injury claim. According to Oregon law, notice must be given to the business or individual responsible for the establishment where alcohol is served within 180 days of the incident. Failure to comply with this time limit can result in an inability to file the claim. [2]
If a claim is made for a wrongful death that is dram shop-related, you must provide notice within one year following the date of death. [2]
Compensation Available in Dram Shop Liability Cases in Portland
Financial compensation is available for Portland dram shop liability cases. These cases involve holding parties accountable for serving alcohol to visibly intoxicated individuals who subsequently cause harm to others. Individuals can pursue various damages, including medical expenses, lost wages, and pain and suffering when seeking financial recovery.
Medical expenses cover the costs of medical treatment, such as medical bills, surgeries, medications, and therapy required to recover from the injuries caused by the intoxicated individual. Lost wages include the income lost due to being unable to work due to the injuries sustained. It can also include future earning potential that may be affected by long-term disabilities.
Pain and suffering damages compensate for the physical and emotional distress caused by the incident. It can include the pain experienced during the incident, as well as any psychological trauma or mental anguish resulting from the accident. In wrongful death claims, you will be awarded funeral and burial expenses, loss of consortium, and more.
The amount of compensation in dram shop liability cases is also determined by the severity of the injuries, the impact on the injured party’s quality of life, and the extent of the establishment’s negligence in serving alcohol to someone having visible signs of intoxication.
How Goldberg & Loren's Portland Dram Shop Lawyer Can Help You
Goldberg & Loren’s dram shop lawyers in Portland can provide valuable legal assistance if you have been injured or involved in an accident due to the negligence of a business that serves alcohol. At Goldberg & Loren, our accident lawyers prosecuted over 20,000 cases and obtained millions of dollars as settlements & verdicts.
Here are some ways we can help you:
- Investigate the Case: Our dram shop attorneys will review the details of your case, gather evidence, and investigate the circumstances surrounding the incident. It may involve obtaining surveillance footage, interviewing witnesses, and examining the establishment’s alcohol-serving practices.
- Determine Liability: We will assess who is responsible for your injuries or damages. In some cases, the business that served alcohol to an intoxicated person may share the liability for the accident, depending on state laws and regulations.
- Navigate Legal Complexities: Dram shop laws and regulations can be complex and vary from state to state. Our experienced Portland liquor liability lawyers will know about Oregon dram shop laws and will help you understand your rights and options. Our law firm will guide you through the legal process, ensuring that all necessary paperwork is filed correctly and within the required deadlines.
- Negotiate with Insurance Companies: Insurance companies often attempt to settle the case quickly and for the lowest possible amount. Our legal team will negotiate with the insurance adjusters to ensure you are offered a fair and reasonable settlement that covers your medical expenses, lost wages, emotional toll, pain and suffering, and other economic and non-economic damages.
- Litigate if Necessary: Our personal injury lawyer will be prepared to take your case to court if a fair settlement cannot be reached through negotiation. We will build a strong legal action and advocate for your rights before a judge and jury.
- Provide Support and Guidance: Dealing with the aftermath of an accident can be overwhelming. Our dram shop lawyers will provide emotional support and guidance throughout the legal process. We will answer your questions, keep you informed about the progress of your case, and offer expert advice to help you make informed decisions.
Contact our Portland dram shop attorneys for a free consultation. You do not have to pay a fee upfront, and you will only be charged if we win your case.
FAQs
No, dram shop laws typically apply to licensed establishments and not private individuals hosting private events or parties.
Yes, like other personal injury cases, dram shop lawsuits are subject to a Statute of Limitations. In Oregon, generally, you must file a lawsuit within two years from the date of the incident. [3]
Yes, Oregon law holds establishments accountable for serving alcohol to minors. If you were injured as a result of an intoxicated minor's actions, you may have grounds for a dram shop lawsuit. [2]
Sources:
[1] Portland Traffic Fatality Tracker. (n.d.). BikePortland. https://bikeportland.org/fatality-tracker
[2] ORS 471.565 – Liab. for providing or serving alcoholic beverages to intoxicated person. (n.d.-f). https://oregon.public.law/statutes/ors_471.565#google_vignette
[3] OREGON STATUTES OF LIMITATIONS – GENERALLY. (n.d.-c). Retrieved June 16, 2024, from https://assets.osbplf.org/forms/pdfs/Statute%20of%20Limitations.pdf
Goldberg & Loren
6500 S Macadam Ave #380
Portland, OR 97239
(971) 339-8080
Our dram shop lawyers hold establishments responsible for the actions of their intoxicated patrons. Our injury lawyers fight hard for justice.
We Represent Victims With Alcohol-Related Injuries in the Following Cities and Communities Near Portland, Oregon.
- Beaverton, OR
- Hillsboro, OR
- Vancouver, WA
- Clackamas County, OR
- Clark County, WA
- Columbia County, OR
- Multnomah County, OR
- Skamania County, WA
- Washington County, OR
- Skamania County, WA
- Yamhill County, OR
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