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Dram Shop Liability: Legal Nuances, Evidentiary Tools, and Evolving Technology

2025-05-23 13:00:00

2025-05-23 13:00:00

1 Credits

Examines dram shop liability frameworks, intoxication standards, toxicology evidence, and modern technology for gathering evidence in alcohol-related injury cases.

2025-05-23 13:00:00

Examines dram shop liability frameworks, intoxication standards, toxicology evidence, and modern technology for gathering evidence in alcohol-related injury cases.

2025-05-23 13:00:00

1000+

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn state-specific dram shop statutory frameworks, intoxication standards, comparative negligence systems, toxicology analysis, and modern evidence-gathering techniques for alcohol-related injury cases.

What will you gain

Attorneys will gain practical knowledge for handling dram shop cases, including expert witness retention strategies, BAC interpretation skills, and technology-based evidence collection methods.

Statutory Framework
Dram shop statutes vary by state with different intoxication standards and liability requirements.
Intoxication Standards
States use different terminology: obviously, visibly, or noticeably intoxicated with varying case law.
Comparative Negligence
Three systems exist: pure comparative fault, modified comparative fault, and pure contributory negligence.
Toxicology Evidence
Alcohol metabolism, BAC interpretation, and combined THC effects require expert toxicologist analysis.
Expert Witnesses
Human factors experts, toxicologists, and safe service experts provide critical testimony.
Technology Evidence
Smartphones, vehicle data recorders, and driver monitoring systems provide valuable case evidence.

What will you learn

Attorneys will learn state-specific dram shop statutory frameworks, intoxication standards, comparative negligence systems, toxicology analysis, and modern evidence-gathering techniques for alcohol-related injury cases.

What will you gain

Attorneys will gain practical knowledge for handling dram shop cases, including expert witness retention strategies, BAC interpretation skills, and technology-based evidence collection methods.

Agenda

Session 1

Intoxicated Patron's Right to Sue Under Dram Shop

Session 2

Understanding Statutory Intoxication Standards Across Jurisdictions

Session 3

Comparative Negligence Application in Dram Shop Cases

Session 4

Toxicology Evidence and Alcohol Tolerance Considerations

Session 5

Leveraging Modern Technology for Evidence Gathering

clock 1:00 pm - 1:15 pm EST

Intoxicated Patron's Right to Sue Under Dram Shop

Justin B. Jones

Fee, Smith & Sharp LLP

This session examines whether an intoxicated patron who causes an accident can pursue a dram shop claim against the establishment that served them. Attorneys will learn which states permit such claims and the analytical framework for evaluating jurisdiction-specific rules.

Justin B. Jones

Fee, Smith & Sharp LLP

clock 1:15 pm - 1:30 pm EST

Understanding Statutory Intoxication Standards Across Jurisdictions

Justin B. Jones

Fee, Smith & Sharp LLP

This session explores the critical differences between ‘visible,’ ‘obvious,’ and ‘noticeable’ intoxication standards found in various state dram shop statutes. Participants will learn how case law interprets these terms and why the distinctions matter for proving liability.

Justin B. Jones

Fee, Smith & Sharp LLP

clock 1:30 pm - 1:40 pm EST

Comparative Negligence Application in Dram Shop Cases

Justin B. Jones

Fee, Smith & Sharp LLP

This session addresses how different comparative fault systems affect recovery in alcohol-related injury cases. Attorneys will examine pure comparative fault, modified comparative fault, and contributory negligence frameworks and their impact on client outcomes.

Justin B. Jones

Fee, Smith & Sharp LLP

clock 1:40 pm - 1:50 pm EST

Toxicology Evidence and Alcohol Tolerance Considerations

Justin B. Jones

Fee, Smith & Sharp LLP

This session covers alcohol metabolism science, BAC analysis, and the complexities of combined alcohol and marijuana impairment. Participants will learn strategies for retaining toxicologists and challenging opposing expert testimony on impairment issues.

Justin B. Jones

Fee, Smith & Sharp LLP

clock 1:50 pm - 2:00 pm EST

Leveraging Modern Technology for Evidence Gathering

Justin B. Jones

Fee, Smith & Sharp LLP

This session highlights how smartphones, vehicle data recorders, and driver monitoring systems provide valuable evidence in dram shop litigation. Attorneys will discover how app data, GPS information, and alert systems can establish patterns of behavior and missed warnings.

Justin B. Jones

Fee, Smith & Sharp LLP

01 05
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Justin B. Jones

Fee, Smith & Sharp LLP

Justin B. Jones

Fee, Smith & Sharp LLP

Mr. Jones focuses his practice in civil litigation, with particular emphasis on bad faith and insurance litigation, commercial litigation, construction liability and defect litigation, products defect litigation, premises liability, and personal injury litigation. He also has extensive experience working with small businesses and entrepreneurs on entity formation, contract drafting, and intellectual property matters.

Education & Credentials

B.B.A. in Marketing and B.B.A. in Management from Texas Tech University (2008); J.D. from Tulane University Law School (2012); Member of the Sports Lawyers Journal; Certificate of Concentration in Sports Law

Experience

Experience representing individuals, small businesses, and Fortune 100 companies from pre-litigation through trial. Has represented clients in both state and federal court across over thirty Texas counties. Extensive experience in multidistrict litigation, serving as lead associate at hearings before the three judge pretrial panel for the largest MDL in Texas legal history. Has helped digital artists protect their work, guided small businesses through Federal trademark registration, and advised musicians and filmmakers on recording and release agreements.

Justin B. Jones

Fee, Smith & Sharp LLP

Mr. Jones focuses his practice in civil litigation, with particular emphasis on bad faith and insurance litigation, commercial litigation, construction liability and defect litigation, products defect litigation, premises liability, and personal injury litigation. He also has extensive experience working with small businesses and entrepreneurs on entity formation, contract drafting, and intellectual property matters.

Education & Credentials

B.B.A. in Marketing and B.B.A. in Management from Texas Tech University (2008); J.D. from Tulane University Law School (2012); Member of the Sports Lawyers Journal; Certificate of Concentration in Sports Law

Experience

Experience representing individuals, small businesses, and Fortune 100 companies from pre-litigation through trial. Has represented clients in both state and federal court across over thirty Texas counties. Extensive experience in multidistrict litigation, serving as lead associate at hearings before the three judge pretrial panel for the largest MDL in Texas legal history. Has helped digital artists protect their work, guided small businesses through Federal trademark registration, and advised musicians and filmmakers on recording and release agreements.

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Ability to Ask Questions During
the Presentation via a Chat Box
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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
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Why Attend

Why this 
program matters

Understanding dram shop liability is critical for attorneys handling alcohol-related injury cases, as varying state statutory frameworks, intoxication standards, and comparative negligence rules directly impact case strategy and client recovery.
12.4k
People died in alcohol-impaired driving crashes in 2023, accounting for 30% of all U.S. traffic fatalities.
$69B
Annual economic cost of alcohol-involved crashes in the United States based on 2019 data.
42+
States plus the District of Columbia have enacted dram shop liability laws holding alcohol-serving establishments accountable.
67%
Of drunk driving fatalities involved at least one driver with a BAC of .15 g/dL or higher, nearly double the legal limit.

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