Third Party Liability for Drunk Driving Accidents in Louisiana
If you suffered a serious injury after being involved in a car accident caused by an intoxicated driver in Louisiana, you might be thinking about pursuing monetary damages from an alcohol vendor or social host for providing alcohol to a drunk person who goes to cause a collision. However, Louisiana has not enacted such laws to hold these parties liable in the event of a drunk driving accident.
According to Louisiana Revised Statutes section 9:2800.1, a person who has been injured by an intoxicated person cannot seek damages from the alcohol vendor or social host who provided the alcohol. Under this specific statute, it doesn’t matter if the intoxicated driver was obviously intoxicated when the alcohol was given. Furthermore, it doesn’t matter whether the drunk driver was under the legal drinking age of 21 years old.
Exceptions for Third Party Liability
On the other hand, Louisiana’s statutes include two exceptions to dram shop and social host liability claims, which are:
- The social host or vendor caused the intoxicated by force
- The social host or vendor caused the intoxication by misrepresenting an alcoholic beverage as a non-alcoholic one
It is important to understand that personal injury lawsuits in this state need to be filed within one year of the date of the injury. Personal injury damages from a drunk driving accident cover medical bills, lost wages and other lost income, future costs of ongoing medical treatment, lost capacity to work due to disability, as well as pain and suffering.