Written by Scott Mansfield, personal injury attorney at Mansfield Melancon Injury Lawyers — mmcdlaw.com/about-us/our-team/scott-mansfield/
If a drunk driver hit you in New Orleans or anywhere in Louisiana, you may have a claim not just against the driver — but against the bar, restaurant, or establishment that served them. Louisiana’s dram shop law creates a specific legal pathway for this, and it matters most in cases where the driver had minimal insurance or limited assets. Understanding how it works is especially important heading into Labor Day weekend, one of the highest drunk driving periods of the year. Usually you have two years to file under La. C.C. Art. 3493.1.
What Louisiana’s Dram Shop Law Actually Says
Louisiana Revised Statute 9:2800.1 governs dram shop liability — when a bar, restaurant, or other alcohol seller can be held responsible for injuries caused by someone they served. Louisiana’s law is more limited than some other states. Sellers of alcoholic beverages are generally not liable for the actions of an intoxicated customer unless they served someone who was visibly intoxicated AND that service was a cause of the customer’s intoxication that led to the injury.
The standard is demanding: you must generally show the establishment served the person when they were already visibly intoxicated — slurred speech, unsteady movement, obvious impairment — and that continued service contributed to the intoxication that caused the crash. This is a factual determination that requires evidence from the establishment, including surveillance footage, receipts, and server testimony.
When a Dram Shop Claim Makes Strategic Sense
Pursuing a dram shop claim alongside a claim against the driver makes the most sense when the driver has insufficient insurance or limited personal assets, the establishment has commercial general liability coverage that includes liquor liability, and evidence of visible intoxication at the time of service is available — particularly video footage, which many New Orleans venues capture routinely.
In the French Quarter and along Bourbon Street, where venues serve alcohol around the clock and patron turnover is high, the conditions for dram shop liability exist with some regularity. It is not a guaranteed avenue, but it deserves investigation in any drunk driving case where the facts support it. Our drunk driving accident attorneys evaluate both claims from day one.
What Evidence You Need for a Louisiana Dram Shop Claim
Surveillance footage from the establishment showing the driver’s condition while being served. Bar tabs and receipts showing how many drinks were purchased and over what period. Server or bartender testimony. Toxicology reports from after the crash. The window to preserve this evidence is narrow — venues are not required to hold footage indefinitely, and receipts may not be retained past standard accounting cycles. A legal hold letter must go out immediately.
Frequently Asked Questions
Can I sue a bar in Louisiana if a drunk driver hit me after leaving that bar?
Potentially. Louisiana’s dram shop statute requires showing the establishment served the person when they were already visibly intoxicated and that this service contributed to the intoxication that caused your injuries. An attorney can evaluate whether the facts support a dram shop claim alongside your drunk driving accident claim.
Does a dram shop claim affect my claim against the drunk driver?
No — they run in parallel. You pursue both simultaneously. Louisiana’s comparative fault rules allow fault to be apportioned between the driver and the establishment, giving you access to multiple sources of insurance coverage.
How long do I have to file a dram shop claim in Louisiana?
Usually two years from the date of the crash under La. C.C. Art. 3493.1. However, the evidence window is much shorter — video footage and receipts may be gone within days. Contacting an attorney immediately after the crash is critical to preserving your dram shop claim.