An Indiana casino resort is facing a wrongful death suit after a visibly intoxicated guest was served 17 drinks and died on the premises. Given that the case involves liquor liability law, Law.com reached out to Dax Bello of Stewart Tilghman Fox Bianchi & Cain, P.A. for comment as someone uninvolved with the case. The report cited Dax as a specialist in such cases as he commented on the unique difficulties faced by the plaintiff.
“In Indiana, the burden is on the plaintiff to demonstrate that the establishment knowingly served alcohol to someone who was visibly intoxicated,” he said. "In Indiana, as in Florida, the legislature has passed a law that affords an immunity to individuals who serve or otherwise provide alcoholic beverages to the public.” Dax went on to describe the specific exception granted by Indiana law, and how the case hinges on the victim’s “visible intoxication”—which can be difficult to prove.
“Lawyers who pursue dram shop/liquor liability cases should have extensive experience in those types of cases,” Dax said. “If they do not carefully navigate the litigation, the case can easily be dismissed by the Court before a jury trial can be had.”
You can read the full report here.