When a drunk driver causes a crash in Tennessee, the driver is not always the only party responsible. Under Tennessee's dram shop law, a business that sold or served the alcohol may also bear liability.
What the Law Requires
Tennessee's dram shop statute, Tenn. Code Ann. § 57-10-101 and § 57-10-102, sets a high bar. To hold a seller of alcohol liable, a plaintiff must prove by clear and convincing evidence that the seller served a visibly intoxicated person or a person under 21, and that the sale was the proximate cause of the injury. The statute also requires that this be established by a jury.
This 'clear and convincing' standard is higher than the usual preponderance standard in most civil cases, which makes dram shop claims challenging — but far from impossible with the right evidence.
Evidence That Builds a Dram Shop Claim
Success often turns on documentation: receipts and point-of-sale records showing how much was served, surveillance video showing visible intoxication, witness accounts from other patrons or staff, and the driver's blood alcohol concentration. Acting quickly matters, because video and records are routinely overwritten or discarded.
Why It Matters for Your Recovery
Drunk drivers are frequently underinsured, and a single liability policy may not come close to covering catastrophic injuries. A viable dram shop claim against a commercial establishment can open an additional source of compensation, which can be the difference between a partial and a full recovery.
Talk to an Attorney Quickly
Because dram shop cases depend on evidence that disappears fast and must clear a demanding legal standard, they are not do-it-yourself claims. If a drunk driver injured you or killed a loved one in Tennessee, a prompt review can determine whether a third-party claim is available.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Tennessee attorney.