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A Sobering Ride Home: Obremski V. Henderson, Frank M. Calvert
A Sobering Ride Home: Obremski V. Henderson, Frank M. Calvert
Northern Illinois University Law Review
A growing number of jurisdictions have adopted the view that intoxicated drivers may not only be subject to criminal prosecution by the state for their reckless conduct, but may also be held liable in a civil action for monetary damages by their injured victims. This article examines this growing trend and concludes that this civil remedy will help insure that victims will not go uncompensated, as well as trying to provide a disincentive to drinking and driving by assessing treble damages and attorney's fees to the plaintiff in the civil action.
Server Vs. Driver Liability: A Suggested Change To Reduce Drinking And Driving, Grant Pearson
Server Vs. Driver Liability: A Suggested Change To Reduce Drinking And Driving, Grant Pearson
Northern Illinois University Law Review
This article explores the two major approaches to liquor server liability currently being used in the various jurisdictions across the country. The article assesses the strengths and weaknesses of the alternative approaches and concludes that certain adjustments in the dram shop laws, coupled with additions to the insurance requirements and vehicle inspection program, will help to make drivers aware of the costs of drinking and driving, thereby reducing the incidence of drunk driving.