What Are the Dram Shop and Social Host Laws in Idaho? Dram shop and social host laws give drunk driving accident victims in Idaho a way to demand accountability from all parties involved in causing the crash.
A Boise drunk driving accident lawyer can fight to get you fully compensated under these and other personal injury laws.
Connect With an Attorney Quickly to Hold Dram Shops and Social Hosts Accountable
The priority after a drunk driving accident is getting medical care. Sadly, many victims require emergency transportation to a hospital. Even if you don’t, go to a doctor within hours to prevent moderate injuries from worsening, get a treatment plan, and have your injuries officially documented for your injury claim.
Then, connect with an attorney to make sure you file your claim within the car accident statute of limitations in Idaho. This deadline is typically two years, and if you miss it, you could lose the chance to collect compensation.
A fast connection gives your attorney the time to investigate your situation and recognize and file against all culpable parties.
The drunk driver may not be the only one to blame. You may be eligible to file against alcohol sellers or servers who contributed to the driver’s intoxication under Idaho’s dram shop and social host laws. The timeframe for filing under these laws is 180 days.
For a free legal consultation, call (801) 266-0999
Idaho’s Dram Shop and Social Host Laws Explained
The Idaho Statutes Title 23 Chapter 6 establishes the State’s legal drinking age as 21. It is unlawful for minors to buy or be sold, or serve alcohol. The State’s dram shop and social host laws follow in Title 23, Chapter 8.
Dram shops are restaurants, bars, pubs, or other alcohol-serving businesses. Social hosts are those who entertain and serve alcohol to guests in their homes.
Chapter 8 re-emphasizes the prohibition against providing underage patrons or guests with alcohol. It also prohibits businesses and hosts from serving alcohol to an “obviously intoxicated person” when the seller or server “knew or ought reasonably to have known” the person was in that condition.
If you are injured in an accident caused by another person’s intoxication, an attorney can help you file a claim against that person. You may also have grounds to file against the business or the host that overserved the person. An experienced attorney will work to compile evidence showing the servers’ negligence contributed to the person’s impairment and your resulting damages.
Liability Standards for Businesses and Hosts Can Differ
Businesses that sell and serve alcohol usually hold more liability than private individuals hosting gatherings in their own homes under Idaho’s dram shop and social host laws. Businesses make money from the sale of alcohol. As a result, they have a higher duty of care and are expected to have measures and policies in place to prevent overserving.
The State doesn’t require alcohol training for businesses and workers, but cities can enforce their own mandates. The City of Boise is one city with a mandate, and its server training information lists approved programs.
Social hosts do not make money from serving alcohol. They are less likely to have training on alcohol-service laws. Their duty of care is lower, at least when their guests are of legal drinking age. If hosts serve alcohol to minors, and that minor is hurt or hurts someone else, the host’s liability remains high.
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Accident Scenarios When the Law May Apply
Consider this scenario: You get hit by a drunk driver and hire an attorney. The accident investigation reveals the driver had patronized a bar before getting behind the wheel. Your lawyer will work to build convincing evidence to prove the bartender or server knew this patron was drunk and failed to “cut them off” despite this knowledge.
In another situation, parents of high school seniors agree to host a prom “after party.” They provide alcoholic beverages to the teens. An intoxicated guest decides to leave and is hit by a car while walking home.
To avoid hitting the teen fatally, the driver swerves and crashes into a parked vehicle. The teen is injured, and the driver’s car and the parked car sustained damage.
The bartender or owner in the first scenario could be held liable. They violated the law by serving and continuing to serve an obviously intoxicated patron. In the second, the parent-hosts knowingly served alcohol to the minor.
Though they may not have known the teen left the property, they violated the State’s drinking laws and social host laws, and could be found liable.
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Compensation You May Collect from Negligent Parties in a Drunk Driving Accident
The compensation for personal injury claims in Idaho can include economic, non-economic, and punitive damages. Medical costs, wage loss, the value of damaged or destroyed property, and other financial accident-related costs can be recovered through economic damages.
The quality-of-life losses from an accident are acknowledged through non–economic damages. Your physical pain and disability, emotional suffering, and psychological distress have tremendous value and demand justice.
Punitive damages do not compensate you for losses. Instead, they impose an additional financial penalty on the offender, payable to you. Punitive damages only apply to accidents involving extreme negligence. Count on your attorney to fight for this compensation if your situation warrants.
Idaho’s Negligence Laws
You can only seek damages for your accident if you are less than 50% to blame for it, per modified comparative negligence in Idaho. If a drunk driver has hurt you, you likely meet this threshold. The other person’s intoxication raises their liability.
Any lesser percentage of fault you hold can cause a proportional reduction in compensation. If you are suing a business or social host for damages, you can expect them to look for ways to put the blame on you. An experienced drunk driving attorney in Boise will work to protect you from these tactics.
Let Us Lead Your Fight for Justice
Siegfried & Jensen has been fighting for victims’ rights for over 30 years. More parties than just a drunk driver may have contributed to your accident, and our team is prepared to fight to hold those parties accountable under Idaho’s dram shop and social host laws.
Connect with us for a free consultation. It’s time to get justice.
Call or text (801) 266-0999 or complete a Free Case Evaluation form