Hurt by a drunk driver

An injured person can certainly sue the drunk driver who causes an accident. But, the company or person who provided the alcohol may also have liability.

Mississippi heavily regulates the sale of beverages containing alcohol. To sell alcohol, a person or business must hold a license from state.

These licenses come with important limitations. For example, a seller may not sell, give or furnish alcoholic beverages to any person who is:

• visibly or noticeably intoxicated

• under the age of 21.

• a “habitual drunkard.”

Assume a seller violates these rules and the person who received the unlawful alcohol becomes drunk and causes an accident.

In that instance, the injured party may sue the seller (in addition to suing the intoxicated person who caused the accident). This is called “dram shop liability.”

Mississippi has a law governing social hosts and minors. A social host is someone who allows others to come under their property to attend a party. As few as two people can be a “party”.

The law makes it illegal for an adult who owns or leases private property to allow a party to:

(i) take place or

(ii) continue

if the adult becomes aware that a minor at the party obtains, possesses or consumes any beverage containing alcohol.

The statute does not specifically say the injured person can sue the landowner. Mississippi courts would, however, probably recognize such a right.

If you injured in an accident caused by drunk driver, get as much information as possible as to where and how that person became intoxicated.

If you have been injured by a drunk driver, call the Panter Law Firm at 601-607-3156 for a consultation.

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