My father was in a car accident after consuming alcohol at a casino and the toxicology report stated he was 3 times over the limit. After researching the state of a person that is 3 times over the limit, I am very confused as to why they allowed my father to leave and drive away in that state. I need to know if this is negligence on their part or should I just let it go.
There is a theory in tort law known as "dram shop" actions that apply to most common-law jurisdictions. Under that theory of law, a third party injured as a proximate cause by the wrongful actions of an intoxicated person, where the person became intoxicated by the commercial sale of alcohol and the vendor knew or reasonably should have known that the person was intoxicated but continued to sell alcohol, then the third party may have a cause of action against the vendor.
However, no jurisdiction that I am aware allows the intoxicated person themselves to bring a cause of action, since the right to sue for damages rests with a third party, and it is my understanding that the state of Louisiana, being a civil law jurisdiction, does not recognize this cause of action. Your course of action is to speak to a Louisiana licensed attorney that is or may be familiar with dram shop actions.
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