Can You Sue a Bar or Restaurant That Served a Drunk Driver in California?

You were hit by a drunk driver who had been drinking at a bar or restaurant for hours before getting behind the wheel. Can you sue the establishment that served them? In California, the answer is: sometimes — but the rules are strict.

California's General Rule: Social Hosts and Retailers Are NOT Liable

California Business & Professions Code § 25602 provides that a person who sells or furnishes alcohol to another person is not liable for injuries caused by that person's intoxication. This is the general rule.

The Exception: Serving Minors

California Civil Code § 1714 creates a clear exception: a person who sells, furnishes, or causes alcohol to be served to a person known to be under 21, or to an obviously intoxicated minor, is liable for resulting harm. This applies to:

• Bars and restaurants that serve alcohol to minors
• Social hosts who provide alcohol to minors at parties
• Retailers who sell alcohol to minors

What About Adults Who Were Visibly Intoxicated?

For adult drinkers, California's rule generally protects alcohol vendors from civil liability. Courts have interpreted the statute broadly. However, there are nuanced arguments attorneys have used to pursue claims in egregious circumstances — consult with an attorney if the circumstances are extreme.

Social Host Liability for Adults

California does not impose liability on social hosts (private individuals hosting parties) who serve alcohol to adult guests who then drive drunk. The social host exception applies only to minors.

Employer Liability for Employee Drunk Driving

Separate from dram shop: if the drunk driver was on a company event, employer-sponsored gathering, or driving a company vehicle when the accident occurred, the employer may be liable under:

• Respondeat superior — employer liability for employee acts within scope of employment
• Negligent supervision — if the employer knew or should have known the employee was impaired

Proving a Dram Shop Claim

To pursue a dram shop claim against an establishment that served a minor:

• Establish that the driver was under 21
• Identify the establishment(s) where they drank
• Gather receipts, credit card records, surveillance footage, or witness statements
• Obtain toxicology reports establishing BAC level and approximate drinking timeline
• Document the at-fault driver's appearance/behavior while at the establishment