You may have a first-party claim if a bar knowingly overserves you and you get into a serious crash. To find out if you may be entitled to financial compensation for your injuries, contact Grossman Law Offices at (855) 326-0000. §2. 3d at 683 84 (tracing the history of dram shop liability in Texas). North Carolina General Statutes Section 18B-121 provides that an injured person may bring a claim for damages against an entity with a permit under the liquor law or a local Alcoholic. Statutory violations that may give rise to a liquor liability claim include: (1) sales to obviously intoxicated persons,8 (2) sales to minors,9 and (3) miscellaneous others including (a) sales after hours,10 (b) sales on 4. The term “dram shop law” comes from the British way of measuring alcohol, which was called “dram” and measured out to 3/4 of a teaspoon. Bev. Premises Liability (Cont. Andrew Sarne, a director of the Firm, practices in the Litigation Practice Area. Phone: (404) 995-3955. 2. 2009). Call us today at 800-973-3106 or fill out our online form to schedule a free consultation with our skilled attorney and to learn more about how we can help. 2d 524, 526 (Tex. Businesses that sell or serve alcohol have specific responsibilities and liabilities under Texas dram shop laws. Texas Alcoholic Beverage Code (TABC) §2. 3727. Negligence Plaintiffs allege Defendant is negligent because Defendant “allowed alcoholic beveragesThe Drunk Driver. Call The Cochran Firm Atlanta toll-free at (404) 222-9922, or send us your queries using this. Kerr, 855 S. However, if the injured party is more than 50 percent at fault, they cannot pursue a claim. v. Some common types of. In passing the Dram Shop Act, the Legislature provided the exclusive remedy for liability resulting from injuries caused by a provider's negligence in serving persons who are "obviously intoxicated" to the point that they are a clear danger to themselves and others. Dram shop liability refers to the body of law governing the liability of taverns, liquor stores, and other commercial establishments that. Dram Shop/Liquor Liability 13. Suite 209. In November 2011, Defendant Robert McKenzie shot plaintiff Donovan James. You may have a claim against a business or other third party that provided an intoxicated person with alcohol. Houston, TX 77054. Zueger and Kudrna settled their dram shop claim with Boomers for $10,000, paid from the dram shop liability policy. PARTIES, JURISDICTION AND VENUE 2. When you need to hold a social host liable for your injury in a drunk driving accident, contact our New Mexico dram shop law attorney for a free consultation of your case or by calling (361) 826-0100. It allows someone injured by a drunk driver to hold a bar, restaurant, or social host that served alcohol to the driver liable for the harm the driver caused – provided the driver was underage or visibly drunk at the time. TexasBarCLE’s 39th Annual Advanced Personal Injury Law Conference in San Antonio – Dram Shop Law (July 2023) Restaurant and Club Owner’s Conference in Las Vegas – Premises and Alcohol Liability Law (August 2022) Telephone: 214. And Missouri's Supreme Court has ruled that Missouri courts can't allow social host lawsuits based on a claim that the host negligently served alcohol. This is the third article in a series of posts addressing alcohol or dram shop liability in Texas. Call the De La Garza Law Firm today. Liquor liability can be expensive, with the cost potentially ranging from $200 to $2,250 annually for a small bar. The Zimmerman Law Firm P. F. 24, 2017, the Oklahoma Supreme Court decided Boyle v. The law does not specify that the vendor had to know that the person purchasing the alcohol was a minor. An experienced trial lawyer, David has represented clients in several hundred death and injury claims, which has created a. Southland Corp. Insurance Bad Faith 14. In this situation, the convenience store could be liable through Texas’s dram shop law because two things should have been reasonably clear to the. This liability is imposed where (a) at the time of the provision, it was apparent to the provider that the customer was "obviously intoxicated" to the extent that he presented a clear danger to himself and others, and (b) the. David McFarland focuses on personal injury litigation, dram shop litigation, trucking accidents, premises liability, products liability, as well as construction defect matters. Forbes, 126 Tex. Call For A Free Case Review (972) 599-4100. Co. CV-15-839575 in the Court of Common Pleas, Cuyahoga. to the non-moving party, First Colony Life Ins. L. Contact us today at 877-718-6079, or contact us online to schedule an appointment. § 51-1-40, claim against an airline as the Georgia General Assembly intended to abrogate the common law principle that the negligent driver was the sole proximate cause of injuries resulting from an inebriated condition only in the limited case of a. 3 Texas first regulated dram shops in 1895, by passing the first dram shop act, which was revised in 19114 and then repealed by revision and omission in 1919. 2007), the Texas Supreme Court determined that Texas law on proportionate responsibility applied to claims under the Dram Shop Act, and that the establishment which provided alcohol does not shoulder any liability for that portion of the blame placed upon the drunk driver. states have a statutory scheme that addresses dram shop liability; however, most state statutes attempt to limit the alcohol beverage retailer’s liability. R. The Tennessee Code holds any seller of alcohol liable for damages to a personal injury survivor or the family of a loved one who died if one or more of the following conditions apply: The person or business that sold the alcoholic beverage knew that the drinker (who later drove) was under 21 years. 080 Attorney Fee Timber Trespass. 02. Our phones are answered 24/7. Negligence Plaintiffs allege Defendant is negligent because Defendant “allowed alcoholic beverages In some cases, the liable driver for the accident may have a claim against the establishment that overserved them for damages that stemmed from the accident. The Court recognized that this interpretation of the statutes ensured a consistent and equitable approach to dram-shop liability, whether the case involved first or third person liability. 2600 S Loop W, Suite 293. Texas’ dram shop law affords individuals who sustained injuries as a result of another’s intoxication a cause of action against the party that unlawfully sold, provided or assisted in providing, the alcohol to the drunk driver. Torres, shortly after he suffered an injury that eventually required surgery. has been fighting for the rights of central Texans since 1962, and our attorneys enjoy the benefit of over 85 years of combined experience. The article discusses the five elements that link violation of the statute to the actual harm suffered by the third party. DEFINITIONS. The NJ liquor law liability attorneys at Blume Forte Fried Zerres & Molinari represent clients injured in dram shop liability cases in New Jersey. 69 S. 86. W. He has obtained experience as lead counsel in the defense and prosecution of a wide variety of civil lawsuits, including shareholder disputes, catastrophic personal injuries, professional liability, premises liability, products. Both of the Bombshells lawsuits seek damages under the Texas Dram Shop law, a statute that creates civil liability for licensed providers of alcoholic beverages if: • The bar or restaurant continues to serve alcohol to a patron who is obviously intoxicated or serves alcohol to a minor, and. To schedule an appointment, call 844-402-2992 or contact us online. A “dram” is three-fourths of a teaspoon of alcohol. Given the complexities of these cases and the burden of proof required, it’s best to discuss your situation with a skilled Dallas dram shop lawyer at Crowe Arnold & Majors, LLP. 02. , our Houston injury attorneys have handled hundreds of premises liability cases. If the intoxicated driver was killed, however, their immediate family would be eligible to bring forth a wrongful death dram shop claim. In F. Law Office of Doug Goyen. A dram shop lawyer is a personal injury attorney who handles claims against bars that overserves their patrons after they are obviously intoxicated. A premises liability claim aims to hold the owner or controller of a property. Dram Shop Act – Guide to Texas Dram Shop Law | Grossman Law. v. Scarring, disfigurement, or disability. one imagines that the courts might well apply this limitation to. Id. com. A “dram” is a unit of measurement in the apothecary system of measurement which can refer to either volume or mass. Steak & Ale, 22 S. 15851 Dallas Pkwy #605. AND OTHER TORT-BASED CLAIMS "Dram Shop Liability" refers to causes of action brought against sellers and other providers of alcohol. The trial court awarded a total of $25 million in damages, with $12 million assessed against the bar and its management company and $13 million against Brent. Preserving the evidence is particularly time-sensitive in premises liability cases, as properties will normally try to rectify an unsafe condition immediately. Alco. However, this civil. dram shop such as after-hour sales, absence of ID-check are governed by general liquor licensing law. Call: (312) 374-6626. Under Texas’ Dram Shop Laws, establishments may be liable for any damages that result from their serving of alcohol to a patron who is obviously intoxicated. Law Office of Doug Goyen. Townsend, 279 Ga. Virginia has no dram shop statute on the books. An employer has a common law right of indemnity against an employee (See Aviation Office of America v. 3 Even liquor stores and bars are required to keep their premises safe, 4 and OCGA § 51-3-1 5 irrefutably governs this matter and serves as the basis to support the jury's verdict. the man causes a drunk driving accident. W. The claims sought consist of monetary relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. Georgia’s dram shop law. . Depending on the facts and circumstances of your case, you may have an effective dram shop claim as a Connecticut drunk driving accident victim. Unlawful sale of intoxicating liquors; civil action for damages (a) Action for damages. You might already know that if you experience injuries and. El Chico Corp ). A common example is when the establishment. Table of Contents show. Dram shop liability holds the owner or server(s) at a bar, restaurant, or other location where a patron, adult or underage, consumed his or her last alcoholic beverage responsible for harms subsequently inflicted by the patron on others. v. To learn more about how we can help you file a personal injury or wrongful death claim, schedule your free consultation by calling (210) 800-0000 or contacting us online. Franklin Street, 7th Floor. Premises Liability claims arise when a person is injured due to a defect on another’s property. §16-126-104), or “apparent to the provider” (Texas; see Tex. CAUSES OF. Contact an experienced dram shop and alcohol liability attorney at the Goings Law Firm today at 803-350-9230. His testimony flowed from his “years of experience in the hospitality industry dealing with safety and liability issues in public accommodations. Call our Houston dram shop lawyers for a free consultation today: 800-298-0111. In this chapter: (1) "Provider" means a person who sells or serves an alcoholic beverage under authority of a license or permit issued under the terms of this code or who otherwise sells an alcoholic beverage to an individual. 09, for each person incurring damages. The term dram shop is still used by lawmakers. 1994). In Texas, the law regarding dram shop liability is outlined in the Texas Alcoholic Beverage Code. v. DFW Corp. AND OTHER TORT-BASED CLAIMS "Dram Shop Liability" refers to causes of action brought against sellers and other providers of alcohol. Business Law. P. Telephone: (817) 873-1639. Owens-Illinois Glass Co. Contact Briggle & Polan at (512) 400-3278 for a no-fee, no-obligation consultation. ”. ”. "Dram shop claims" (third-party liability claims against alcohol vendors) involving intoxicated minors are based on Revised Code of Washington section 66. Rev. Social host liability claims are civil lawsuits meant to compensate the injured party for their losses. 005(a) in the dram shop context to hold exemplary damages are not permitted in dram shop cases. 3d at 805. A DUI crash victim has the right to sue even the non-vendors with third-party liability claims generally referred to as social host liability claims. The Bittle court held tribes did not enjoy sovereign immunity in dram-shop actions for two reasons. A dram shop is a commercial business or establishment that sells alcoholic beverages to patrons. This allows the business to be liable for any damages. W. To learn more about Texas dram shop laws in Texas, reach out to our firm today and speak with one of our Houston car accident lawyers. 01 states that a person who is licensed to sell or serve alcohol in Texas (a "provider") may be held liable for damages if it was evident that the individual being served was intoxicated to an extent that he presented an obvious. In addition, Dram shop law is different fromIf you have suffered harm due to a hazardous property or security breach or your company is facing a potential premise liability claim, reach out immediately to Fahl & Donaldson, PLLC, for the exceptional representation you deserve. Under Texas law, a dram shop claim can be filed against a. Sec. 3d 177, 181 (5th Cir. Key Provisions of Texas Dram Shop Laws. App. Texas, L. Find the Right Business Lawyer. Louisiana is intriguing because it has legislation actively opposing Dram Shop liability claims. Alco. Monier Lifetile, LLC. Many states impose liability on bars and even commercial properties for injuries or deaths caused by serving alcohol to an intoxicated person. 5 . Litigate. CALL US 940. Insurance Bad Faith 14. Alco. BEV. Statute of Limitations. Contrary to Mulligan's argument, the Georgia Dram Shop Act was never intended to and does not pertain to premises liability claims like the one before this Court. Robert and Daniel M. As the name implies, a “Dram Shop” refers to a drinking establishment. Before planning a party in your home, speak to your insurance professional to review your homeowners coverage for any. The Texas statute known as the Dram Shop Act. 6 We recognize that a defendant has a general common law duty to prevent the criminal acts of a third party when the criminal conduct is foreseeable as a result of the defendant's negligence. Courts in the state will allow recovery for injuries that are caused by individuals who sell alcohol in violation of these laws. Beard,where the Texas SupremeA premises liability lawyer can help you fight for justice for your injury. We won’t put any pressure on you to hire us on the spot. In any Dram Shop case in Louisiana, evidence serves as the cornerstone for proving liability. Id. 00Landlords and Tenants. The state’s dram shop law and social host liability law can pass some liability onto the people who gave that driver the alcohol that made them drunk. Allstate. 34 Durante, 2012 WL 1292655, at *5 (finding the Mohegan tribe immune from a private dram-shop claim); Foxworthy, 169 P. Md. The name “dram shop” comes from the British method of measuring alcohol in dram units, 3/4 of a teaspoon. These laws are at the state level, and the specifics vary. If you have been injured by. Protect your business from dram shop act liability claims in Texas. See 37 Okla. If you are injured by a drunk driver, the Villarreal & Begum, LAW GUNS in San Antonio can help you file a dram shop claim against the bar that over-served them. One study by the Small Business Administration (SBA) found that an average civil case can cost $50,000 to $100,000 to get through. 1. The Texas Dram Shop Act, which imposes liability on alcoholic beverage providers for damages resulting from the provision of alcohol to obviously drunk. 1986), the Virginia Supreme Court refused to allow a. Wisconsin. This law states that if an intoxicated person causes injury or death to another person, the establishment that provided the intoxicated person alcohol may be liable for damages. Call zinda law group today at (800) 863-5312 for a 100% free consultation with Texas drunk driving lawyers. Pubs, bars, and taverns that sold alcohol in 18th century Britain in drams were known as dram shops, but the term now extends to all businesses selling or serving alcohol. 2 (2002). 1964) (citing to the original purpose of. 053The 4 Alerts to Deny Liability. 4878. The Texas Dram Shop Act covers lawsuits brought by victims of accidents caused by drunk drivers, against the businesses who over-served the patron while the patron was clearly already under the influence. Allow us to put our knowledge of Texas dram shop laws to work for you. Namely, the plaintiff must prove that the establishment (a) served alcohol to a patron who was obviously intoxicated or (b) knowingly served alcohol to a minor, and. the 1985 amendment to the Dram Shop Act to $30,000 for personal injury and property damage and $40,000 for loss of support. Also, the dram shop chapter of the Texas Alcohol and Beverage Code does not affect the right of any person to bring a common law cause of action against any individual whose consumption of an alcoholic beverage allegedly resulted in personal injury or property damage to the person bringing suit. 1 Client Screening: Initial Telephone Interview Most U. Commercial host liability (CHL, also called dram shop liability) holds alcohol retailers liable for alcohol-attributable harm caused by serving alcohol, illegally, to a patron who is already intoxicated (adult liability) or underage (underage liability). Estate of Gutierrez v. Premises Security 1. The Expansion of Dram-Shop Liability to Off-Premises Consumption. 2d at 550. 02(b)) to name a few. A dram is a unit of either mass or volume in the apothecaries’ system of measurement. Dram shop laws are named after establishments in 18th century Britain that sold gin by the spoonful (a "dram"). Dram shop liability is still subject to the limitations of comparative responsibility in Texas. Our initial consultations are always free, and we’ll never charge you unless we earn money back for you. The dram shop law imposes liability for selling alcohol to an intoxicated person, while implicitly permitting negligence claims against sellers based on underage drinking. The Supreme Court reversed the order of the district court granting Defendant summary judgment on Plaintiff's asserted negligence (liquor liability) and negligence (premises liability) claims, holding that the district court erred in concluding that Plaintiff's co-pled negligence (premises liability) claim was subject to the two-year Montana Dram Shop Act statute of limitations. Estate and Probate Law. Dram Shop Defendant_____. This is known as a first-party dram shop case. Is the case more of a “premises liability” case rather than a liquor. You can find the first post here , and the second post here . Claims Against Dram Shops. Terrace Tavern, LLC, an upstate trial court dismissed plaintiff’s Dram Shop Act and negligence claims against defendant bar. Brown’s mother then filed a civil suit against Brent, the bar, and the bar’s management company under the Texas Dram Shop Act. On April 4, 2023, two women were killed by a suspected drunk driver, Michael Ray Strother, as he was leaving Hugh & Jeff's Car Wash. 02 Defendant TEXAS ENTERTAINMENT SERVICES, LLC may be. There are two forms of dram shop liability for drunk driving accidents in Texas: first-party and third-party. 2d at 919 ("In El Chico this court created a common-law duty to injured third parties on the part of commercial providers, but that duty was almost simultaneously. Torres, shortly after he suffered an injury that eventually required surgery. Deedee Gasch is a partner in the Wilmington office of Cranfill Sumner. § 4-311(B) expressly preempts claims of common law negligence and dram shop liability. 15 For example, in In re Islamorada Fish Co. DIRECTIONS TO OUR OFFICE. Townsend, 279 Ga. 2007); TEX. That case involved a claim. Addison, Texas 75001. Like other personal injury claims, your deadline to file a negligence claim against the dog owner expires two years after the bite. W. 01, alcohol-serving establishments, such as bars, restaurants, or liquor stores, are liable if they sold, provided, or served alcohol to a customer who was obviously intoxicated at the time the transaction took place, and that customer went on to. A dram shop law holds a drinking establish. Prosecuting premises liability claims in Oklahoma can be difficult and, given the state of the case law in this area, can be tricky to evaluate. Like other kinds of injury claims, Florida dram shop and social host liability cases must be filed in court before the expiration of a deadline called the "statute of limitations. New York Dram Shop and Social Host Liability Law By: Noah Gradofsky, Esq. • Caps or non-economic losses (pain and suffering) are higher than Dram Shop Act = $468,010. See Mont. The Texas Dram Shop Act allows for victims of drunk driving accidents and their family to bring forth a Texas dram shop claim against a bar that over-served. Without these types of evidence in the absence of witness testimony, you would have insufficient evidence to establish liability and hold the liquor licensee responsible for its actions or lack of action. 325 North Milledge Avenue. Texas “Dram Shop” Law. (201) 862-9500 (201) 862-9400 (Fax) [email protected]. Until about 20 years ago, Texas law did not impose any liability on sellers of alcohol who “over-served” intoxicated patrons. HOW DRAM SHOP LAWS APPLY TO TEXAS. August 9, 2022 Personal injury. Governed by Chapter 2 of the Texas Alcoholic Beverage Code, it aims to ensure all bars protect their patrons and the public from the dangers of drunk driving. At Insurance Canopy, the price for dram shop insurance starts as low as $550 and includes the following coverages: General Liability: up to $2M total coverage & $1M in coverage per claim. If you were injured in the North Texas / Dallas area and need a Dallas premises liability lawyer call us (972) 599-4100 for a FREE consultation. Under Texas’s comparative negligence rules, an alcohol-selling establishment will only face liability if a jury determines it was more than half responsible for the incident and injuries. Under Texas Alcoholic Beverage Code Ann. Liability for the “Poor Decisions” of Obviously Intoxicated Individuals. Initial Client Contact §100 In General §110 Initial Client Interview §110. These claims are as follows: Dram. Sufficient evidence of "reasonably apparent" intoxication. This law names the business responsible for injuries that visibly intoxicated people cause after leaving their establishments. 3d 680, 683 (Tex. The Ling court reviewed dram shop liability's history in this state. Id. Contact us today for a free and comprehensive case evaluation. We are well-versed in state alcohol laws and can help you recover multiple forms of damages, including: Medical reimbursement. However, the dram shop law sets different deadlines for filing a claim. However, bar and liquor store owners may attempt to assert a Safe Harbor defense, making it challenging for anyone injured in such an accident to seek compensation. The dram shop law imposes liability for selling alcohol to an intoxicated person, while implicitly permitting negligence claims against sellers based on underage drinking. See for example Delta Airlines, Inc. have called for a strict construction of the dram shop laws. 1st Dept. A. Dram shop law mainly deals with bodily or property injuries caused by intoxication and exposes alcohol suppliers to civil liability on top of criminal charges imposed by existing liquor licensing law. At Bailey & Galyen, we offer a free initial consultation to anyone with a potential personal injury claim. For more than 25 years, our legal team has helped victims in North Texas recover over $110,000,000 in total for the negligence of others. Social hosts in Texas could be held liable if a guest leaves the premises and an injury occurs. Dram shop laws were created to hold establishments and social hosts that serve alcohol liable for the harm caused by over-serving. Handled subrogation litigation for insurance and self-insured companies. #1 - TIPS Alcohol Training – T raining for I ntervention P rocedure S. These civil liability laws are enforced through civil lawsuits. August 9, 2022 Personal injury. will provide an overview of dram shop laws in the Unites States with a detailed evaluation of Texas’ dram shop law and its safe harbor provision. The Texas Dram Shop Act holds bars, restaurants, and other establishments that serve alcohol liable for damages caused by an intoxicated customer. , legally responsible for the harm caused by serving alcohol to an already intoxicated patron or a minor. 1995) No caps on economic damages for premises liability suits. Some common types of damages sought in alcohol-related accident claims include: medical bills. In some cases, the liable driver for the accident may have a claim against the establishment that overserved them for damages that stemmed from the accident. Beginning in 1999 the amount is to be adjusted for inflation. One thing the pandemic brought to Texas that may. Loss of wages. The Texas statute known as the Dram Shop Act. The jury awarded plaintiffs $2,000,000. 3d 411, 413 (Tex. Medical Malpractice 10. Under the Texas Dram Shop Act, like in many other states, the plaintiff must prove that the alcohol seller in question served alcohol to a person who was “obviously intoxicated” when they were served alcohol. § 340A. For example, if a customer goes to a bar, becomes overly intoxicated, and either sustains or causes an injury, first party claims allow the previously intoxicated party to press. Social host liability. South Carolina has no official dram shop law or social host liability statute. W. An Overview of Texas Dram Shop Laws. 3d 177, 181 (5th Cir. premises, 3) when the alcoholic beverage contributed to the. A dram shop or social host liability claim in Texas is a civil lawsuit, which means that liability is expressed solely in terms of money damages. Duenez, 237 S. Texas dram shop laws state that a business where alcohol is provided, sold, or served can be held liable for injuries caused by an intoxicated customer if the following conditions are met: The customer was visibly intoxicated and a potential hazard to themself or others. The court specifically noted that the dram shop is responsible for the acts of its employees, but not responsible for the acts of the driver and thus did not have an indemnity claim against the driver. the 1985 amendment to the Dram Shop Act to $30,000 for personal injury and property damage and $40,000 for loss of support. DRAM SHOP LEGISLATION’S ROLE IN LIMITING LIABILITY FOR COMMERCIAL SELLERS OF ALCOHOL Most dram shop laws are written to reinforce the notion that the consumption of alcohol is the proximate cause of alcohol-related injuries, not the sale or furnishing of alcohol. Phone: (706) 227-4264. Laws regarding dram shops date back to the early 19th century, having the goal of protecting the public. Handling lawsuits against bars and tavernkeepers are difficult. W. Handled subrogation litigation for insurance and self-insured companies. Dram shop law overview. dmcfarland@thompsoncoe. Criminal Defense. Beard,where the Texas Supreme A premises liability lawyer can help you fight for justice for your injury. , 350 S. Code. Our phones are answered 24/7. The Hartford is a small businesses insurer with more than 1 million small businesses insured. ASAP Energy, Inc. Call zinda law group today at (800) 863-5312 for a 100% free consultation with Texas drunk driving lawyers. Examples of dram shops include: Bars and taverns; Breweries; Restaurants; Beer gardens; Specialty arcades; The Texas Alcoholic Beverage Code addresses the civil liability of a dram shop that overserves its. Stat. The term “dram shop” traces its roots back several centuries to when small stores sold liquor and spirits—often homemade—in small measures known as “drams. ) Tenant may be a “landowner” for purpose of premises liability – Sundheim v. The Dram Shop Act of 1979, which was an outgrowth of Liquor Control Act of 1934, states every person who is injured by any intoxicated person has the right to pursue the person who sold/gave them liquor. Green, P. W. Fax: 214. A first party dram shop claim is one made by the intoxicated party against the bar or restaurant that served him or her. Medical Malpractice 10. ” On the premises liability claim, as to whether the. Again, this implies that Indiana’s dram shop law establishes civil liability for any means of providing alcohol to another person. 69 S. App. The earliest dram shop laws date back to the mid-19th century temperance movement. A Guide to Texas Dram Shop Laws. relief could be granted under a premises liability theory of negligence. Dram shop laws hold businesses liable for selling or serving alcohol to intoxicated persons or minors who cause injury, death, or property damage.