A dram shop case can be complicated and have a lot of moving parts. This can be seen when it comes to discovery in a dram shop case. These kinds of cases come from drunk-driving accidents, when the plaintiff sues the bar or other establishment that served the defendant the alcohol. The main point of contention in these lawsuits is whether the establishment should have known that the person they were serving was already intoxicated. This contention can be difficult to prove, but there are ways that plaintiff’s attorneys can prove that an establishment over-served a defendant.
Discovery is an important step in this process. However, in a dram shop case, conducting discovery can be difficult. Due to the nature of drunk driving accidents, those involved can be incapacitated, or deceased, or have trouble remembering the events of the accident. Therefore, it is up to the attorney finding information from the various establishments that the defendant might have visited.
The discovery process in these cases can be complicated, and it is important that the plaintiff’s attorney do everything correctly in order to get as much information as possible. To start, attorneys will often have access to the crash report, which allows for the attorney to discover if the defendant was charged with drunk driving. If this occurs, a plaintiff’s attorney could reach out to the defendant’s criminal attorney, if they have one, to help gather information on which places might have served the defendant alcohol.
Once these places have been determined, a plaintiff’s attorney should send spoliation letters in order to ensure that information like security footage is saved. A plaintiff’s attorney can also talk with law enforcement to gather more information as well. When dealing with the establishments themselves, it is essential to request point of sale (POS) data from their computer systems. This data can show how much alcohol was purchased, and if the defendant could have been sharing their alcohol with others, which is a common defense among these establishments.
However, by using this data, an attorney can determine how much alcohol was purchased by a defendant. Another potential source of evidence is the training that is given to the employees of these establishments. Some of the questions that can be answered by gathering this evidence are how employees are supposed to handle someone who is drunk already, determining whether to sell someone alcohol, and other similar questions.
Finally, it is important for a plaintiff’s attorney to look to social media. Today, people post everything on social media, and by looking at a defendant’s social media profiles, an attorney can determine where to potentially send all these discovery questions to. It is essential for a plaintiff’s attorney to gather all this information, and by looking in all the right places, an attorney can gather enough evidence to ensure that their client gets compensation from these establishments that over-served their customers and caused this accident.
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