Dram Shop Liability in Wisconsin: Understanding Your Rights After a Green Bay Drunk Driving Accident

 

When someone becomes the victim of a drunk driving accident in Green Bay, Wisconsin, they may have legal recourse beyond just the intoxicated driver. Dram shop liability refers to laws that allow victims to hold alcohol-serving establishments accountable for serving visibly intoxicated patrons who later cause harm. In Wisconsin, these laws create a pathway for injured parties to seek compensation from bars, restaurants, or liquor stores that negligently serve alcohol to individuals who subsequently cause accidents. The liability extends to various scenarios, including establishments serving minors or continuing to serve patrons showing clear signs of intoxication. Understanding dram shop liability is crucial for victims seeking comprehensive compensation, as it opens additional avenues for recovery beyond the drunk driver's personal insurance, which may have insufficient coverage for catastrophic injuries.

Legal Rights and Considerations

Wisconsin's dram shop liability is governed primarily by Wisconsin Statute § 125.035, which creates limited liability for alcohol providers. Under Wisconsin law, establishments can be held liable only when they serve alcohol to minors who subsequently cause injury, as the state's "Responsible Server Law" provides immunity in most other situations. Accident victims typically have three years from the date of injury to file a personal injury lawsuit under Wisconsin's statute of limitations. Victims may seek compensation for medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. Insurance considerations are complex, as claims may involve the establishment's liquor liability insurance, the driver's auto insurance, and possibly underinsured motorist coverage from the victim's policy. Wisconsin follows a modified comparative negligence system, potentially reducing compensation if the victim is found partially at fault. An experienced Green Bay personal injury lawyer(link is external) will handle all aspects of the legal claim.

 

A good injury lawyer can help with all kinds of injuries caused by drunk driving accidents. Click the links below to learn more from a:

 

Related Resources

Relevant Local Courts

  • Brown County Circuit Court
  • Eastern District of Wisconsin Federal Court (Green Bay Division)
  • Wisconsin Court of Appeals, District III

Support Services for Accident Victims

  • Wisconsin Crime Victim Compensation Program
  • MADD Wisconsin Chapter
  • Brown County Victim/Witness Assistance Program
  • Traumatic Brain Injury Resource Center of Wisconsin

Links to State Traffic Laws and Regulations

  • Wisconsin Department of Transportation: OWI/DUI Laws
  • Wisconsin State Legislature: Chapter 346 (Rules of the Road)
  • Wisconsin Alcohol Policy Project
  • Wisconsin Department of Justice: Victim Resource Center

Return to the Green Bay drunk driving accident statistics page

Most recent accident reports

 

A devastating head-on collision on Highway 54 near New Franken in Brown County, Wisconsin claimed the lives of two Green Bay area residents early Monda

Date: 
Monday, August 19, 2024
Roadway: 
Highway 54
Type: Car Accident

 

On the evening of Saturday, October 23, 2021, a devastating two-vehicle crash occurred at the intersection of County Highway R and Cooperstown Road in

Date: 
Saturday, October 23, 2021
Type: Car Accident

 

A severe single-vehicle crash in rural Weyauwega, Wisconsin on Wednesday evening resulted in multiple injuries, including one person facing life-threat

Date: 
Wednesday, February 26, 2025
Roadway: 
Pufahl Road
Type: Car Accident

 

On December 8, 2023, a serious pedestrian accident occurred in Marinette, Wisconsin, when 17-year-old Bryce Steinfath was struck by a vehicle while usi

Date: 
Friday, December 8, 2023

 

A serious rollover accident on State Highway 187 in Outagamie County's Town of Maine has left three young people injured, with one in critical conditio

Date: 
Sunday, April 6, 2025
Roadway: 
Highway 187

 

A 29-year-old Appleton man suffered life-threatening injuries following a severe single-vehicle accident in the Town of Ellington, Wisconsin.

Date: 
Saturday, November 16, 2024
Roadway: 
Highway 76

A tragic motorcycle accident on Friday resulted in the death of a 26-year-old Eden man in Fond du Lac, Wisconsin.

Date: 
Friday, March 28, 2025

 

A high-speed collision at the intersection of Velp and Wilson avenues on Green Bay's northwest side has resulted in two people being injured and multip

Date: 
Tuesday, April 1, 2025
Roadway: 
Velp and Wilson

A devastating collision between a semi-truck and a passenger van claimed two lives on Monday morning in Grand Chute, Wisconsin. The crash occurred at approximately 10:45 a.m.

Date: 
Monday, March 24, 2025

A 29-year-old Green Bay woman was arrested Saturday night for operating a vehicle under the influence with a child under the age of 16 present.

Date: 
Saturday, March 22, 2025
Roadway: 
I-41

On March 4, 2025, a dramatic police pursuit in Fond du Lac County concluded when Justin Fena of Waukesha crashed his vehicle into a milk tanker at the intersection of S

Date: 
Tuesday, March 4, 2025

 

On Friday afternoon, a tragic collision occurred in Clintonville, Wisconsin, when an 87-year-old Marion man operating a 2008 Polaris Ranger UTV died fo

 

A tragic single-vehicle accident in Marinette County's Town of Stephenson resulted in the death of 53-year-old Edward Van Caster Jr.

Date: 
Friday, March 21, 2025
Type: Car Accident

 

A hit-and-run collision occurred at the intersection of State Highway 76 and State Highway 15 in the village of Greenville on Tuesday morning, promptin

Date: 
Tuesday, March 18, 2025
Type: Car Accident
Topics: 
Hit and Run