Can a Bar Be Held Liable for a Drunk Driving Accident in Los Angeles?

Posted on September 23, 2025 in Car Accidents

Drunk driving is a serious issue that plagues California streets. In 2022, 1,676 victims in Los Angeles were injured and killed in alcohol-related accidents. While you may already know that you can hold a drunk driver accountable for a car accident he or he causes due to intoxication, you might not realize that you can also hold a bar responsible in certain situations.

What Is California’s Dram Shop Law?

In California, a bar’s liability (legal and financial responsibility) is severely limited in terms of drunk driving accidents, injuries and deaths caused by their patrons. However according to lawyers specializing in car accident cases in Los Angeles, there are certain circumstances when bars, clubs, restaurants and other alcohol vendors can be found liable for an injured victim’s economic and non-economic damages.

California’s dram shop laws are found in California Civil Code § 1714. Under this law, if a bar overserves a patron who is under the age of 21 and that person goes on to cause harm to others, the vendor can be held liable. Social hosts can also be found liable for drunk driving accidents if they knowingly overserve a minor.

Elements of Proof for a Dram Shop Liability Claim

California’s dram shop law is limited and specific in deciding when a person can hold a bar responsible for a drunk driving collision. Unlike dram shop laws in many other states, it is not enough in California to show that a bar overserved someone or provided alcohol to an obviously intoxicated individual. The drunken person must also be under the legal drinking age of 21.

To successfully prove a dram shop case against a bar in Los Angeles, you must have evidence of the following elements:

• The bar (known as the defendant) is a business that is licensed to serve alcohol.
• The defendant furnished the alcohol that caused or contributed to the drunk driver’s state of intoxication.
• The bartender or server knew or reasonably should have known that the patron was under the age of 21.
• The minor was obviously intoxicated at the time of being served.
• The furnishing of alcohol to the minor was the proximate (main) cause of the victim’s injury or death.

These are the required elements under California Business & Professions Code § 25602.1. In addition to having to pay for a drunk driving accident victim’s damages, a bar that absorbs dram shop liability in Los Angeles will also be responsible for the injuries and losses suffered by the intoxicated minor.

Steps to Take to Pursue a DUI Accident Claim Against a Los Angeles Bar

If you or your loved one gets injured by a drunk driver in Los Angeles, there are steps you should take to protect your rights and seek justice against all responsible parties, which may include a bar. Here’s what to do:

1. Try to remain calm and call the police to report the accident. Explain that you believe the other driver is intoxicated.
2. Get medical care for your injuries right away.
3. Exchange information with the drunk driver.
4. Don’t admit fault for the accident.
5. Take pictures of the crash scene and your damaged vehicle.
6. Write down eyewitness information.
7. Request updates from the police on a criminal case (a drunk driving conviction can provide evidence for your claim).
8. Gather copies of all records, documents and reports related to the drunk driving accident.
9. Call the drunk driver’s insurer to file a claim.
10. Contact a drunk driving accident lawyer in Los Angeles for help with the claims process.

A lawyer for injury cases in Los Angeles will explore all of your options for recovering financial compensation in the aftermath of a drunk driving accident, including holding a bar, dram shop or social host liable. The right Los Angeles car accident attorney can take over negotiations or litigate your case in court to maximize your case results.