Archive for the ‘Drunk Driver Injury Accident’ Category
Overservice of Alcohol Claim
This firm was NOT involved in this case.
Early on March 31, 2005, a drunk driver crashed her car into two parked cars after a night of drinking. As a result another woman was seriously injured. Read the rest of this entry »
Posted in 
Tags: 
Woman Injured by Drunk Driver Must Seek Compensation from Her Original Attorney
The Washington Supreme Court recently ruled that in a case of attorney malpractice the prejudgment interest should have been calculated on the total amount of the settlement lost, not the amount the injured party would have recovered after paying an attorney fee.[1] Read the rest of this entry »
Liability for Injuries for Serving Alcohol
Prior to 1955 Washington had a “Dramshop Act” which provided a civil cause of action to injury victims who were injured by an intoxicated person against any person who, by providing intoxicating liquors, caused the intoxication.[1] In 1955, the Legislature repealed that act.[2]
Under current law [3] liability may not apply for serving apparently intoxicated persons, persons in a state of helplessness, or persons in a special relationship to the furnisher of intoxicants.[4] Whether a person is already intoxicated so that liability can be predicated upon the furnishing of additional intoxicants is determined according to the way the recipient appeared to other persons at that time of service, not by the results of a subsequent blood alcohol test performed much later.[5]
Also, providing liquor to minors in violation of state law may lead to liability unless seller takes reasonable precautions to determine whether the purchasers are of legal age.[6]
Formerly RCW 4.24.100.
Laws of 1955, ch. 372, 1, p. 1538.
Halvorson v. Birchfield Boiler, Inc., 76 Wn.2d 759, 762, 458 P.2d 897 (1969), citing 30 Am. Jur. Intoxication Liquors 521 (1958). Accord, Hulse v. Driver, 11 Wn. App. 509, 512-14, 524 P.2d 255 (1974).
Halvorson, at 762-63.
Wilson v. Steinbach, 98 Wn.2d 434, 656 P.2d 1030(1982); Barrie v. Hosts of AM., Inc., 94 Wn.2d 640, 643 n.1, 618 P.2d 96 (1980); Shelby v. Keck, 85 Wn.2d 911, 915, 541 P.2d 365 (1975).
Purchase v. Meyer, 108 Wn.2d 220, 737 P.2d 661 (1987).
Drunk Drivers and Personal Injury Claims
Generally under Washington personal injury law there is no per se (i.e. “automatic”) negligence.[1] Personal injury as a result of driving under the influence is an exception.[2]
