Oklahoma Dram Shop Liability: When a Bar/Restaurant Can Be Sued for an Alcohol-Related Crash

When a drunk driver causes a crash, you can sue the driver. But what about the bar that kept serving them when they were clearly intoxicated? In many states, dram shop liability allows injured victims to hold alcohol vendors responsible.

Oklahoma has dram shop liability—but it's more limited than in many states. Understanding when these claims apply (and when they don't) is essential for victims of alcohol-related crashes.

What Dram Shop Liability Is

"Dram shop" refers to establishments that sell alcohol—bars, restaurants, liquor stores, clubs. Dram shop liability holds these vendors responsible when they serve alcohol irresponsibly and that service leads to injury.

The theory: vendors who profit from selling alcohol have a duty to do so responsibly. When they over-serve obviously intoxicated patrons who then hurt someone, the vendor shares responsibility.

Oklahoma's Dram Shop Law

Oklahoma's dram shop liability is found at 37 O.S. § 537 (with modifications over the years). The current law allows claims against vendors in specific circumstances:

When Liability Applies

A vendor can be liable for damages caused by an intoxicated person if:

1. The vendor sold or provided alcoholic beverages
2. To a person who was clearly intoxicated at the time of sale
3. That person's intoxication was a proximate cause of the injury

The key is "clearly intoxicated"—not just "had been drinking" or "was legally drunk." The patron must have shown obvious signs of intoxication that the vendor should have noticed.

Signs of Clear Intoxication

Courts look for observable intoxication:

• Slurred speech
• Difficulty walking or standing
• Bloodshot eyes
• Strong alcohol odor
• Loud or disruptive behavior
• Impaired coordination
• Incoherent conversation

If the patron appeared sober enough that a reasonable vendor wouldn't notice intoxication, the claim fails—even if they were technically over the legal limit.

What Victims Must Prove

To establish a dram shop claim in Oklahoma:

1. Sale or Service

The defendant sold, served, or furnished alcohol to the intoxicated person. This includes:

• Bars selling drinks
• Restaurants serving at tables
• Liquor stores selling packaged alcohol
• Private hosts (in limited circumstances)

2. Clear Intoxication at Time of Service

The person was visibly intoxicated when served. This requires evidence about the patron's condition at the time of the transaction, not just their BAC hours later.

3. Proximate Cause

The intoxication caused or contributed to the injury. Usually straightforward in DUI crash cases but may require proof in other situations.

4. Damages

The plaintiff suffered compensable injuries—the same damages available in any personal injury case.

Evidence in Dram Shop Cases

These cases often turn on evidence that's hard to obtain:

Bar/Restaurant Records

• Number of drinks served
• Receipt and tab records
• Credit card timestamps
• Server notes or comp records

Video Surveillance

Many bars have security cameras that may show:

• The patron's condition
• How many drinks were served
• Signs of intoxication
• Interactions with staff

Witness Testimony

• Bar staff who served the patron
• Other patrons who observed them
• Anyone who saw them leave

Toxicology Evidence

• Blood alcohol level at the crash
• Back-calculation to estimate BAC when served
• Expert testimony about how much alcohol produces that BAC

Corporate Policies

• Training on recognizing intoxication
• Policies about refusing service
• TIPS certification or similar training
• Prior incidents at this location

Defenses Vendors Raise

"We Didn't Notice Any Intoxication"

The most common defense: the patron didn't appear intoxicated when served. This is why observable intoxication evidence is crucial.

"They Only Had a Few Drinks Here"

Vendors argue the patron was intoxicated from drinking elsewhere. Evidence of how much was served at this location matters.

"Our Staff Is Trained"

Training is relevant but doesn't eliminate liability if the patron was clearly intoxicated and served anyway.

Comparative Negligence

The drunk driver is obviously at fault too. Oklahoma's comparative negligence rules may reduce the vendor's responsibility—but won't eliminate it if they were negligent.

Limitations on Oklahoma Dram Shop Claims

Oklahoma's law has significant limitations:

No Liability for Selling Packaged Alcohol to Adults

Liquor stores and package sellers have reduced exposure. It's harder to observe intoxication at the point of sale for packaged goods.

Limited Social Host Liability

Private individuals who furnish alcohol generally aren't liable under the dram shop statute (though they may face liability for serving minors).

Damage Cap Uncertainty

Different damage cap analyses may apply depending on how claims are structured.

Claims Against the Drunk Driver Aren't Enough

Why pursue the bar when you can sue the driver?

Inadequate Insurance

Many drunk drivers have minimum or no insurance. Their personal assets may be minimal.

Bar's Commercial Insurance

Bars carry commercial liability insurance—typically with much higher limits than personal auto policies.

Multiple Responsible Parties

Both the driver and the bar contributed to the crash. Both should be held accountable.

Deterrence

Dram shop liability encourages bars to train staff and cut off intoxicated patrons—reducing future drunk driving.

What To Do After an Alcohol-Related Crash

If you suspect the at-fault driver was over-served:

1. Document where they were drinking — Witnesses, receipts, or the driver's own statements
2. Preserve evidence quickly — Surveillance footage gets erased; records get lost
3. Request records — Subpoenas can obtain bar records and footage
4. Investigate the driver's night — Where did they drink, for how long, and how much?
5. Contact an attorney — Dram shop claims require prompt investigation

We Handle Dram Shop Cases

When drunk drivers cause catastrophic injuries, going after the bar that over-served them may be essential to full compensation. We investigate these claims thoroughly and pursue every responsible party.

If you were injured by a drunk driver and believe a bar or restaurant over-served them, contact us for a free consultation. Time is critical—evidence disappears quickly.