Can You Sue a Bar for Over-Serving a Drunk Driver in New Orleans?

If someone gets drunk at a bar and causes a crash, you might assume the bar can be held legally responsible—but in Louisiana, it’s not that simple. The state’s anti-dram shop law (La. R.S. 9:2800.1) makes it clear: the problem isn’t serving alcohol—it’s the drinking and driving that follows. Bars and restaurants are mostly off the hook for harms done by intoxicated patrons once they leave the premises . That means you typically can’t sue a bar for over‑serving someone who later causes a crash.

Understanding Dram Shop Laws in Louisiana

Dram shop laws are rules that, in many states, allow victims of drunk driving accidents to sue bars, restaurants, or other establishments that over-serve alcohol to someone who later causes harm. These laws are meant to hold businesses accountable for serving visibly intoxicated patrons or minors who later go on to injure others in a car crash or similar incident.

But Louisiana takes a very different approach. In fact, the state has what’s known as an “anti-dram shop” law. According to Louisiana Revised Statutes §9:2800.1, the act of drinking alcohol — not the act of serving it — is considered the direct cause of any injuries or damage that result from intoxication. That means in most cases, a bar, restaurant, or social host cannot be sued for damages just because they served alcohol to someone who later caused a crash.

Here's what the law says:

§2800.1. Limitation of liability for loss connected with sale, serving, or furnishing of alcoholic beverages

A.  The legislature finds and declares that the consumption of intoxicating beverages, rather than the sale or serving or furnishing of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person.  

B.  Notwithstanding any other law to the contrary, no person holding a permit under either Chapter 1 or Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, nor any agent, servant, or employee of such a person, who sells or serves intoxicating beverages of either high or low alcoholic content to a person over the age for the lawful purchase thereof, shall be liable to such person or to any other person or to the estate, successors, or survivors of either for any injury suffered off the premises, including wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were sold or served.  

C.(1)  Notwithstanding any other law to the contrary, no social host who serves or furnishes any intoxicating beverage of either high or low alcoholic content to a person over the age for the lawful purchase thereof shall be liable to such person or to any other person or to the estate, successors, or survivors of either for any injury suffered off the premises, including wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were served or furnished.

(2)  No social host who owns, leases, or otherwise lawfully occupies premises on which, in his absence and without his consent, intoxicating beverages of either high or low alcoholic content are consumed by a person over the age for the lawful purchase thereof shall be liable to such person or to any other person or to the estate, successors, or survivors of either for any injury suffered off the premises, including wrongful death and property damage, because of the intoxication of the person who consumed the intoxicating beverages.  

D.  The insurer of the intoxicated person shall be primarily liable with respect to injuries suffered by third persons.  

E.  The limitation of liability provided by this Section shall not apply to any person who causes or contributes to the consumption of alcoholic beverages by force or by falsely representing that a beverage contains no alcohol.  

This statute severely limits lawsuits against bars and restaurants — even in cases where someone was obviously drunk when they were served.

How Dram Shop Laws Apply to Bars and Restaurants

Louisiana's dram shop laws are structured to shield alcohol sellers, not punish them. If a bar serves someone who’s over 21, and that person leaves and causes a drunk driving accident, the law does not consider the bar responsible — even if the person was obviously intoxicated.

The exception comes into play when a bar serves:

• Someone under 21, or

• Knowingly provides alcohol under false pretenses

Even then, it takes clear evidence to hold the establishment liable — and most of these claims are difficult to prove. These protections are spelled out in La. R.S. §9:2800.1, which overrides any general negligence claim you might try to bring against a bar.

So while businesses in Louisiana are still expected to serve alcohol responsibly and follow state regulations, the law is clear: serving alcohol to a drunk adult isn’t enough to hold the bar legally responsible for what happens next.

Exceptions to Dram Shop Laws

While Louisiana dram shop laws heavily limit liability, there are a few key exceptions that could open the door to a civil lawsuit against a bar or alcohol-serving establishment.

The most important exception involves serving alcohol to minors. Under Louisiana law, it is illegal to serve alcohol to anyone under the legal drinking age of 21. If a drunk driving accident is caused by an underage drinker who was served alcohol at a bar or restaurant, the establishment may be held liable. This applies even if the minor used a fake ID or otherwise appeared of age.

Another exception applies in rare situations where the bar forces someone to drink or intentionally misleads them into believing a drink contains no alcohol. This is extremely rare, but it’s built into Louisiana’s dram shop statute (§9:2800.1(E)).

It's important to note that serving a visibly intoxicated person, on its own, is not enough to hold a bar legally responsible under Louisiana law — unless they are also underage or one of the specific exceptions applies.

In short, dram shop liability in Louisiana is the exception, not the rule. Bars and restaurants are generally protected, but serving alcohol to underage guests is a serious risk that can lead to civil liability.

Proving a Bar’s Negligence in a Drunk Driving Accident Case

To hold a bar liable in a personal injury lawsuit after a drunk driving accident, the injured party must prove negligence — and that’s not easy under Louisiana’s current laws. Here's how that process works.

Evidence Needed to Prove Negligence

To prove that a bar acted negligently, you’ll need to gather strong evidence. This may include:

• Witness statements from people who saw the intoxicated person being served

• Security footage showing the person's behavior or how much alcohol they were served

• Copies of the bar’s policies and procedures for serving alcohol

• Testimony from bartenders, servers, or other staff on duty at the time

• Records showing the bar served someone who was under the legal drinking age

This type of evidence helps build a case that the bar ignored obvious signs of intoxication or broke the law by serving a minor.

Establishing a Bar’s Duty of Care

Bars and restaurants do have a duty of care — even under Louisiana’s limited dram shop laws. This means they are expected to:

• Check IDs and refuse service to minors

• Avoid over-serving patrons who are clearly intoxicated

• Take reasonable steps to prevent drunk patrons from driving

That said, this duty of care doesn’t automatically translate into liability unless one of the exceptions in state law applies.

Breach of Duty and Causation

To prove negligence, the injured party must show:

1. The bar breached its duty — for example, by serving alcohol to an underage person, or by ignoring clear signs of impairment

2. That breach of duty directly caused the injuries — meaning the person left the bar, drove drunk, and caused the accident

This step is often the hardest. Even if a bar behaved recklessly, Louisiana law still puts the responsibility on the intoxicated person, unless there’s clear proof that the bar served a minor or knowingly contributed to the intoxication through deception or force.

Damages in a Louisiana Liquor Liability Case

Economic Damages for Injuries or Death

In a Louisiana liquor liability case, victims of a drunk driving accident may be entitled to economic damages. These include medical expenses, lost wages, and other direct financial losses caused by the accident. For example, if the injured party needed hospitalization, surgeries, or ongoing physical therapy, those costs may be recoverable. If the victim is unable to work temporarily or permanently, their lost income can also be claimed.

In cases involving a wrongful death, surviving family members may be able to recover funeral costs, burial expenses, and the value of lost financial support. These damages are based on actual costs and projected future losses, backed by documentation such as bills, pay stubs, and tax returns.

Noneconomic Damages for Pain and Suffering

Noneconomic damages cover losses that don’t come with a receipt. These include pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish. In cases of serious injury or death, these damages can be substantial. While harder to quantify, they are just as real and can significantly impact a victim's recovery or a family's grief.

Factors Affecting a Lawsuit Against a Bar

Legal Drinking Age and Intoxication

The legal drinking age in Louisiana is 21, and serving alcohol to anyone under that age can expose a bar to liability. This is one of the few situations where a bar may face a valid dram shop claim. Additionally, while Louisiana law protects bars in many situations, knowingly serving a visibly intoxicated person can weigh heavily in the court's view of the bar’s responsibility.

Compliance with Dram Shop Laws

Louisiana dram shop laws generally shield bars and restaurants from civil liability, but those protections depend on compliance. If a bar ignores basic alcohol service responsibilities—like checking IDs or cutting off service to someone clearly impaired—that failure can work against them in a lawsuit. Even though state law places responsibility on the drinker, juries may still weigh whether the bar acted recklessly.

Bar’s Knowledge of the Drunk Driver’s Condition

If a bar knew or should have known that a person was severely intoxicated but continued to serve them anyway, this could be a factor in proving liability. Signs of extreme intoxication (slurred speech, inability to stand, aggressive behavior) should prompt a responsible business to stop serving alcohol. Ignoring those signs and allowing someone to drive may expose the bar to claims of negligence.

What to Do After a Drunk Driving Accident

Seeking Medical Attention and Reporting the Accident

Your first priority should be to seek medical attention. Even if you feel okay, some injuries don’t show symptoms right away. Getting checked out also provides medical records that can later be used as evidence. After that, report the accident to law enforcement. A police report will document the incident and may include observations about the other driver's intoxication.

Gathering Evidence and Documenting the Scene

If you're able, take photos of the accident scene, vehicle damage, skid marks, and any open containers or signs of intoxication. Collect witness statements and their contact info. If the drunk driver came from a specific bar, note that as well. The more documentation you have, the stronger your case.

Contacting a DUI Accident Lawyer

Once immediate medical needs are addressed, contact a DUI accident lawyer. These cases can be complicated, especially under Louisiana dram shop laws, and a lawyer can help you figure out whether a bar or social host can be held legally responsible. They’ll also handle insurance negotiations and help preserve key evidence.

Statutes of Limitations for Drunk Driving Accident Lawsuits

As of July 1, 2024, Louisiana law now gives injured parties two years from the date of the drunk driving accident to file a personal injury lawsuit. Before that, the time limit was just one year. This change applies only to incidents that happen on or after July 1, 2024.

If you wait too long to act, you could lose your right to sue altogether. Read our statute of limitations article here to learn more.

Waiting too long can hurt your case. Evidence can disappear, witnesses can forget, and bars may change ownership or delete security footage. Contacting a DUI accident lawyer early gives you the best shot at a successful outcome.

How to Hold a Bar Accountable for Over-Serving a Drunk Driver

Filing a Lawsuit Against the Bar

To hold a bar accountable, the first step is filing a civil lawsuit with the help of a DUI accident lawyer. The complaint will outline how the bar's actions (or failures) contributed to the accident. It must clearly state the legal basis for the bar's liability, especially if it involves serving a minor or violating another legal exception.

Proving the Bar’s Liability

Proving the bar is legally responsible involves collecting strong evidence. This includes security footage, employee statements, witness accounts, and possibly expert testimony on alcohol impairment. You must also show that the bar's actions led directly to the injuries suffered.

Seeking Compensation for Damages

Once liability is proven, the goal is to recover compensation for damages. This may include medical expenses, physical therapy, property damage, lost income, and pain and suffering. Your lawyer will work to negotiate a settlement or take the case to court, depending on what gets you the best result.

Why Holding Bars Accountable Matters

While Louisiana dram shop laws limit when a bar can be held liable, exceptions exist—especially when it involves underage drinkers or deceptive practices. If you were hurt in a drunk driving accident, you may still have legal options. Building a strong case takes evidence, prompt action, and legal guidance.

Holding the right parties accountable helps prevent future tragedies and ensures victims are not left with the financial burden alone. Justice matters—even when the law makes it difficult to pursue. If you're unsure where to start, the team at Burnham Law Firm is here to help you understand your rights.