St. Louis Personal Injury Lawyer Stephen Schultz Featured in Jere Beasley Report
St. Louis personal injury lawyer Stephen Schultz was recently featured in the Jere Beasley Report, a respected nationwide legal periodical published by the respected Alabama law firm of Beasley Allen. Stephen Schultz recently resolved a St. Louis dram shop liability claim involving an off-duty Sunset Hills police officer and local restaurant. The terms of the settlement are confidential, although court documents were examined by local media outlets and the story was highly-publicized by the St. Louis Post Dispatch.
St. Louis personal injury lawyers often struggle with dram shop liability claims. These types of cases are complicated and involve a vague Missouri statute, specifically Mo. Rev. Stat. 537.053. The statute outlines the elements and burden of proof necessary for plaintiff's to prevail in a dram shop claim against an establishment that serves intoxicating liquor for consumption on its premises. Whether or not a patron is 'visibly intoxicated' as described in the statute, presents a question of fact for the jury to decide. Expert testimony from toxicologists and pharmacologists can offer the jury guidance as to what level of blood alcohol content (BAC) coincides with visible intoxication. Witness testimony from other persons at the table, employees, and other customers can also shed light on the defendant's speech, gait, behavior, and appearance at the time of alcohol service and consumption.
The limit for blood alcohol while driving in the state of Missouri is .08%. A restaurant or bar would be hard-pressed to pick up on 'visible intoxication' at this level, or even in the range of .08-.13%. However, as a customer approaches a .15% BAC, there will be obvious signs of intoxication. Bartenders and servers should be properly trained to pick up changes in a customer's behavior. Common sense also comes into play here. If a 130 pound woman drinks 5-12oz beers in a couple of hours, even with food, that person will be well over the legal BAC level. At that point, the server or bartender should step in and cut off service, even ask the customer if he/she needs a taxi summoned to the establishment.
If you have think you may have a St. Louis dram shop liability claim, contact the experienced lawyers at Schultz & Myers by calling (314) 448-0934, or toll-free at (866) 840-3636 for a free consultation.
St. Louis personal injury lawyers often struggle with dram shop liability claims. These types of cases are complicated and involve a vague Missouri statute, specifically Mo. Rev. Stat. 537.053. The statute outlines the elements and burden of proof necessary for plaintiff's to prevail in a dram shop claim against an establishment that serves intoxicating liquor for consumption on its premises. Whether or not a patron is 'visibly intoxicated' as described in the statute, presents a question of fact for the jury to decide. Expert testimony from toxicologists and pharmacologists can offer the jury guidance as to what level of blood alcohol content (BAC) coincides with visible intoxication. Witness testimony from other persons at the table, employees, and other customers can also shed light on the defendant's speech, gait, behavior, and appearance at the time of alcohol service and consumption.
The limit for blood alcohol while driving in the state of Missouri is .08%. A restaurant or bar would be hard-pressed to pick up on 'visible intoxication' at this level, or even in the range of .08-.13%. However, as a customer approaches a .15% BAC, there will be obvious signs of intoxication. Bartenders and servers should be properly trained to pick up changes in a customer's behavior. Common sense also comes into play here. If a 130 pound woman drinks 5-12oz beers in a couple of hours, even with food, that person will be well over the legal BAC level. At that point, the server or bartender should step in and cut off service, even ask the customer if he/she needs a taxi summoned to the establishment.
If you have think you may have a St. Louis dram shop liability claim, contact the experienced lawyers at Schultz & Myers by calling (314) 448-0934, or toll-free at (866) 840-3636 for a free consultation.
