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Car Accident Victim Sueing Store that sold Alcohol.

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kyleg16

Junior Member
This is in Michigan

Not sure if this is the right place but it does involve a car accident. A few months ago 4 girls and 1 guy i know were in an automobile accident that took one girls life and severely injured two of the other girls. The Driver(the guy) was drunk and going 95mph and swerving and of course was not hurt which seems is usually the case. But heres the part i want to know about. One of the girls who was severely injured(paralyzed from the waist down) is trying to sue the store that the alcohol came from. The investigators have figured out that someone of age bought it at the store and in turn gave it to the driver. So all the store did was sell alcohol to a person of legal age, there is no way they could have known that he was going to then give it to a minor. They are trying to sue the store for $1,000,000. Do they have a case? The worst part is the girls best friend who was the other severely injured girl, well her dad owns the store in question so this will directly effect them, and the whole town since its the only grocery store for 15-20 miles and literally a quarter of the town probably works there. Also i don't know if it matters or not but everything the paralyzed girl needs for the rest of her life related to the accident is being payed for by insurance, including a brand new vehicle and they're also building her a house because her isn't wheelchair accessible. I was just wondering if they have a case at all?My opinion is they cant sue the store especially for $1,000,000 when the store in fact did nothing illegal.

Thanks
 


xylene

Senior Member
She can sue. The facts you present make it very unlikely their will be a win for the paralyzed.

The reality is that stores which sell alcohol have more liability than other business and in all likelihood the store has some form of catastrophic liability insurance coverage (perhaps 1 Million worth of it :rolleyes: ;) ;) ... get the picture.)

This is a common situation, it is called going after the deep pockets.
 

fcobarr

Member
Has the driver revealed who got the alcohol? I hope so. That person should also be held liable and prosecuted.

Was everyone drunk? Why would anyone get in the car with this guy? I guess these are all questions that will get answered with time.

If the store is liable, the courts will decide. Insurances are for-profit business's. Assuming the store owner hands the suit over to his insurance co, they have to decide if it's better to settle out of court or let the justice system decide. It's a financial decision on their part.

The short answer is yes, the store can be sued.
 

You Are Guilty

Senior Member
http://en.wikipedia.org/wiki/Dram_Shop

Every state has its own version, and as noted, it's unlikely the plaintiffs will "win" a suit against the store (assuming they did not sell directly to the teens).
 

JustAPal00

Senior Member
About the only chance they have of winning this case is if they can prove that the liquor store employee was aware that the booze was going to be handed off to the minor!
 

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