When a drunk driver causes a crash, most people know the driver can be held responsible. But what about the bar, restaurant, or club that over-served them?
Enter: Dram Shop Laws.
These laws allow injured victims to hold alcohol vendors legally accountable in certain drunk driving cases. If you or a loved one was hurt by an impaired driver, understanding your rights under these laws could make a huge difference.
What Are Dram Shop Laws?
A dram shop is a legal term for an establishment that serves alcohol — like bars, taverns, and restaurants.
Dram Shop Laws allow injury victims to sue businesses that:
- Knowingly served alcohol to an obviously intoxicated person
- Served alcohol to a minor who later caused harm.
These laws aim to reduce drunk driving and encourage responsible alcohol service.
Dram Shop Laws in Missouri
Missouri’s dram shop statute is found in RSMo § 537.053 and is relatively strict.
To sue a bar or restaurant, you must prove by clear and convincing evidence that:
- The server knowingly served alcohol to someone visibly intoxicated.
- The server knowingly served a minor.
Visible intoxication could include:
- Slurred speech
- Bloodshot eyes
- Stumbling
- Violence or aggressive behavior
Dram Shop Laws in Kansas
Kansas does not recognize a cause of action for dram shop liability concerning the service of liquor or alcohol to intoxicated persons.
The Supreme Court of Kansas has consistently held that the proximate cause of injuries resulting from intoxication is the act of consuming alcohol, not the act of furnishing it.
So, until the legislature enacts law establishing a cause of action against sellers of alcohol, such as Missouri, no cause of action exists in Kansas.
Why Dram Shop Liability Matters After a DUI Crash
Drunk driving crashes can lead to devastating injuries or wrongful death. In many cases, the driver’s insurance is not enough to cover the full scope of damages.
By pursuing a dram shop claim, you may be able to recover additional compensation for:
- Medical bills
- Pain and suffering
- Punitive damages
This helps ensure all responsible parties are held accountable — not just the driver.
How to Prove a Dram Shop Case
These claims are fact-intensive and require strong evidence:
- Surveillance footage from the bar
- Eyewitness statements
- Police reports indicating BAC levels
- Receipts or timestamps showing service after visible intoxication
- Testimony from expert toxicologists or bartenders
That’s why having an attorney experienced in dram shop litigation is crucial.
Deadlines: Statute of Limitations
- Missouri: 5 years from the date of injury
- Kansas: 2 years (but no dram shop liability recognized)
Failing to act quickly can destroy your case, especially since bars often delete surveillance video within days.
Why Choose Monsees & Mayer for Dram Shop Cases
At Monsees & Mayer, we have a track record of holding negligent establishments accountable in DUI-related accidents in Missouri. Our team will:
- Investigate service practices and evidence of intoxication
- Subpoena security footage and bar records
- Work with toxicology experts to establish liability
- Aggressively pursue all sources of compensation
We stand by victims — not just against drunk drivers, but against the businesses that enable them.
