When it comes to a claims investigation, the best defense is often a great offense. This can be especially true in dram shop litigation when a bartender is accused of serving an alcoholic beverage to a patron he knows (or should know) is intoxicated who then injures a third party. Dram shop claims typically involve claimants who have sustained catastrophic injuries. Any shift in the liability analysis caused by newly discovered information can change the exposure by millions of dollars. By being proactive in the pre-suit investigation, claims departments and defense counsel can help avoid a scenario where, mid-litigation, a surprise witness or evidence surfaces.
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