What is a Dram Shop Law in Oregon?
Dram shop laws in Happy Valley, Oregon, make someone licensed by the Oregon Liquor Control Commission (OLCC) to sell alcohol responsible for over-serving patrons and causing alcohol-related incidents. According to state law, businesses can be held accountable for serving alcohol to people who are visibly too drunk or to minors. If a business is found breaking these laws and it is proven that it played a part in an alcohol-related incident, it could face severe consequences. [1]
Alcohol-related incidents may include drunk driving car accidents or assaults involving those under the influence of alcohol. The Dram Shop law only applies if the injury or damage was caused by someone being drunk from alcohol.
In 2021, there were 195 people killed in drunk driving accidents in Oregon. [2]
Types of Damages That Can Be Pursued in Dram Shop Liability Claims in Happy Valley, Oregon
In Happy Valley, Oregon, dram shop liability claims allow for the pursuit of specific damages similar to those that may be recovered in personal injury cases.
These damages can include maximum compensation for economic and non-economic damages like medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages.
Time Limits for Filing Dram Shop Claims in Happy Valley, Oregon
The Statute of Limitations governs the time limits for filing dram shop claims. The Statute of Limitations for claims in Oregon is two years from the date of the injury. [3]
In addition, there is a notice requirement to the establishment that served the alcohol within 180 days of the injury occurring. Failure to provide this formal notice within the specified timeframe may result in the dismissal of the claim.
If you claim damages from wrongful death, you must give notice of the claim within one year after the person's death or one year after finding out about the claim, whichever comes later. [1] Contact our personal injury lawyers in Happy Valley to determine if any exceptions apply to the time limits for your specific case.
Responsibilities of Our Dram Shop Lawyers in Happy Valley, Oregon
Our lawyers at Goldberg & Loren in Happy Valley, Oregon, are responsible for providing legal representation and advocacy for individuals involved in liquor liability insurance cases.
Our responsibilities include the following:
- Offering knowledgeable advice and legal guidance regarding dram shop laws and liability in Happy Valley, Oregon
- Assessing the specifics of your case to determine the viability of a claim or defense
- Conducting thorough investigations to gather convincing evidence, including eyewitness testimony, surveillance footage, and alcohol service records
- Developing effective legal actions tailored to the unique circumstances of your case
- Negotiate with responsible parties, including insurance companies and legal representatives, to seek fair compensation for you
- Representing you in court proceedings, including hearings, trials, and appeals, to advocate for your rights and interests
- Providing strong legal representation to ensure your voices are heard and your rights are protected throughout the legal process
- Assisting businesses in understanding and complying with Oregon's dram shop laws and regulations to minimize liability risks
- Maintaining open and transparent communication with you, keeping you informed about case developments and legal options
- Offering compassionate support and guidance throughout the legal proceedings, addressing your concerns, and answering your questions
Reach out to our skilled dram shop lawyers in Happy Valley, Oregon, by calling (503) 831-9930 to discuss your case.
Frequently Asked Questions
Several factors contribute to determining liability in a dram shop case in Oregon, including whether the establishment served alcohol to a visibly intoxicated person or a minor, whether the intoxication directly contributed to the injury or harm, and whether the providers of alcohol violated any alcohol service laws or regulations.
Various establishments that serve alcohol, including bars, restaurants, nightclubs, taverns, and liquor stores, can potentially be held liable in a dram shop claim in Oregon if they serve alcoholic drinks to a visibly intoxicated person or a minor who later causes injury or harm.
Alcohol-related car accidents, assaults, injuries, or damages caused by an intoxicated person may fall under Dram shop laws if the establishment unlawfully served alcohol to the intoxicated individual or a minor.
Sources:
[1] ORS 471.565 – Liab. for providing or serving alcoholic beverages to intoxicated person. (n.d.). https://oregon.public.law/statutes/ors_471.565
[2] 2021 OREGON TRAFFIC CRASH SUMMARY. (n.d.). OREGON DEPARTMENT OF TRANSPORTATION. Retrieved February 25, 2024, from https://www.oregon.gov/odot/Data/Documents/Crash_Summary_2021.pdf
[3] ORS 12.110 – Actions for certain injuries to person not arising on contract. (n.d.). https://oregon.public.law/statutes/ors_12.110
