In dram shop litigation, there is a defense of an injured passenger that can be asserted called Dram Shop Condonation. What this simply means is that if a passenger travels with a driver that the passenger knows to be intoxicated, the passenger does so at his or her own risk and no liability can be established against such drunk driver. The concept is easy to assert and even easy to understand. However, the application of the facts to the law is much more complex such that the services of an attorney are needed. It is easy to assert condonation if the passenger makes an admission that he or she knows the driver is intoxicated. In such a situation, the law would not allow a recovery of the passenger against the drunk driver. It becomes more complex, however, if the passenger denies having actual knowledge that the driver was intoxicated. In those cases, the intoxicated driver must prove that the passenger should have known that the driver was intoxicated.

To prove that the passenger injured knew or should have known that the driver was intoxicated there are many factors to consider including the amount of time the individuals were together, the amount of alcohol consumed by the driver, whether the passenger was also consuming alcohol, the time that occurred that the driver was consuming alcohol, even the type of alcohol, how well the passenger knew the driver, whether the passenger had ever seen the driver intoxicated before and whether there are other witnesses who could testify concerning actions of the driver that would indicate intoxication.

If you are an injured passenger and the insurance company for a drunk driver asserts dram shop condonation, you could be prohibited from a recovery and you should consult with an attorney so that your interests can be protected.