Can a Bar Be Liable for a Drunk Driving Accident in Maryland?

 Posted on July 07, 2026 in Car Accidents

Some states have what are called "dram shop" laws. These allow a victim of drunk driving car accidents to hold the bar, restaurant, or other business that served the alcohol to the driver liable. However, Maryland is one of a small number of states that doesn't have a dram shop law. This typically prevents holding alcohol vendors liable for injuries resulting from drunk driving, with very few exceptions.  

For anyone who is wondering what their options for compensation are after being hit by a drunk driver in 2026, a Prince George's County, MD car accident attorney can explain.

Does Maryland Allow Lawsuits Against Bars for Drunk Car Accidents?

Maryland does not have a dram shop statute, and its courts have declined to create one through case law. The Maryland Supreme Court addressed this directly in Warr v. JMGM Group, LLC. In this case, a driver who had been served 21 drinks at a bar later struck and killed a 10-year-old girl. The court ruled that the bar could not be held liable. In Maryland, the responsibility for injuries caused by drunk driving generally falls on the intoxicated driver rather than the business that served the alcohol.

Can a Business Ever Be Held Responsible for Drunk Driving in Maryland?

There is one limited exception to Maryland’s laws about businesses’ liability for drunk driving. Maryland Criminal Law § 10-117(b) makes it illegal for an adult to knowingly and willfully allow someone under 21 to possess or consume alcohol at a residence the adult owns, leases, or lives in. Maryland's courts have recognized limited circumstances in which someone who furnishes alcohol to a minor may face civil liability.

This exception is narrow and applies primarily to private social situations rather than commercial establishments. For the vast majority of drunk driving cases involving a bar or restaurant, this exception is not relevant. But if your case involves alcohol being provided to a minor, it's worth reviewing with an attorney.

What Options Do You Have After Being Hit by a Drunk Driver in Maryland?

Not having a dram shop law doesn't mean you're without legal options. The drunk driver themselves can still be held responsible for the harm they caused.

Drivers in Maryland are expected to behave with reasonable care towards other people and vehicles on the roads. Choosing to drive a car after drinking often represents a lack of reasonable care. This is especially true if someone is over the legal blood alcohol concentration while driving.

In most cases, Maryland gives you three years from the date of the accident to file a personal injury lawsuit. It’s best to file early to give your legal team adequate time to build the strongest case. Filing early also avoids the possibility of missing the deadline.

What Kind of Compensation Can You Recover After Being Hit by a Drunk Driver in Maryland?

There are a number of forms of compensation available to victims of drunk driving accidents. Compensation they may be able to recover includes:

• Medical expenses

• Lost income

• Property damage

• Pain and suffering

Accident cases are particularly high-stakes in Maryland because of the state's contributory negligence rule. Maryland is one of the very few states that still follows this strict standard. If you're found even partially at fault for the accident, you may be barred from recovering anything at all. Insurance companies know this and may use it aggressively to avoid payouts. Because of this, having a strong defense is very valuable in Maryland accident cases.

Call Our Laurel, MD Car Accident Attorney Today

If you were injured by a drunk driver, our firm is here to help you through the filing process, start to finish. Our Prince George's County, MD car accident lawyer grew up in Hagerstown and is invested in helping members of the local community in these difficult cases.

Serafini Law answers calls 24/7, and every case is personally handled by Attorney Serafini. We are supportive of clients and aggressive with insurance companies and other defendants. Our firm works on a contingency fee basis, meaning you owe nothing unless we win.

Call us at 240-744-1600 today for a free consultation on your case.