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Am I Responsible if a Holiday Party Guest Received a OWI?

DUIThe holiday season is filled with festivities and merriment as we celebrate the season with family and friends. Unfortunately, drinking and driving can also be a part of the holiday season as party-goers overindulge.

If an individual causes an accident and is intoxicated, it is no surprise that in addition to potential criminal charges, individuals injured as a result this negligence can also file civil charges. This might cause the host of the party that provided the alcohol to wonder if they are also at fault.

This type of claim is often called a “dram shop” claim. It received this moniker because alcohol used to be sold in a unit of measurement called a dram. Many states, including Wisconsin, limit this type of liability. Wisconsin Statutes section 125.035  notes that “a person is immune from civil liability arising out of the act of procuring alcohol beverages for or selling, dispensing or giving away alcohol beverages to another person.” This statute covers both establishments that serve alcohol as well as individuals who provide alcohol to guests in their home.

There are two notable exceptions to this law. These include:

This means that if an individual of legal drinking age knowingly consumes alcohol and causes an injury, they are the only person who can be found liable in a personal injury claim.

If you are injured

If you are the victim in a OWI incident or sustain another injury as a result of an intoxicated individual’s negligence, you most likely have just cause to file a personal injury claim and could receive compensation for the following conditions:


If you believe you have a personal injury claim as the result of an OWI, contact McLario, Helm, Bertling & Spiegel to discuss your case.

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When you contact our Milwaukee area law firm, your case will be treated like a unique request for assistance. You are a real person with real needs and will be treated like one by our firm. Nobody has time to be passed around an office from paralegal to secretary and back.
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