How Do I Prove a Bar Served an Intoxicated Driver Under Connecticut's Dram Shop Act § 30-102? - Dan Petroskey
Episode notes
From DeFronzo & Petroskey, P.C. - How Do I Prove a Bar Served an Intoxicated Driver Under Connecticut's Dram Shop Act § 30-102? explains what injured victims in Waterbury need to show when a bar, restaurant, or other establishment served alcohol to an already intoxicated patron who later caused a crash. The discussion covers the kinds of proof that matter most, including receipts, surveillance footage, witness and staff testimony, and documented signs of visible intoxication, along with post-crash evidence such as BAC and DUI findings. It also references the Connecticut Supreme Court's decision in O'Dell, which requires proof that a patron was visibly or otherwise perceivably intoxicated when served.
The conversation also draws a distinction between a statutory dram shop claim and a common-law reckless service claim, noting the Connecticut Supreme Court's ruling in Kowal recognizing liability for wanton or reckless conduct in furnishing alcohol. Listeners will hear how these two types of claims differ in what must be proven and how damages may be treated differently under each approach.
Strict deadlines under Connecticut's Dram Shop Act are also addressed, including the requirement of written notice to the seller and the one-year window to file a lawsuit, both of which are shorter than Connecticut's general negligence deadlines. The description highlights why prompt action matters, since evidence like surveillance footage can disappear quickly after an incident in Waterbury.
Waterbury car accident attorney Dan Petroskey of DeFronzo & Petroskey, P.C. has represented injured clients for more than 60 years, handling claims involving drunk drivers as well as bars and other establishments under Connecticut's Dram Shop Act. Since his admission to the Connecticut Bar in 2004, Dan Petroskey has worked on motor vehicle accidents, premises liability, and related injury cases, and in 2021 became Attorney Eugene L. DeFronzo's first and only law partner at DeFronzo & Petroskey, P.C.
DeFronzo & Petroskey, P.C.
255 Bank St # 2b, Waterbury, CT 06702
(203) 756-7408