Practice Areas
- Personal Injury and Automobile Accidents
- Medical Malpractice
- DUI, Traffic and Criminal Law Defense
- Business Litigation
- Divorce
Blog 
Personal Injury and Automobile Accidents
- Virginia Seatbelts
- Nursing Home Cases
- Personal Injury Cases where the injured party has died
- Dog Bite Cases II
- Looking out for your teen driver
- Dog Bites
- Hosting a Graduation Party in Virginia? Read This First!
- Virginia Beach Sheriffs Immune
- Chesapeake to Install Countdown Crosswalks
- Charlottesville, Virginia Police Taking Heat After Hitting Wheelchaired Pedestrian
Medical Malpractice
- More heparin deaths? Yes, its true.
- Joint Commission Targeting Children Medication Mix-Ups
- Finding The Best ER For Your Child
- Why Free Drug Samples Are a Bad Idea
- Knee and Hip Replacements Expected to Spike
- Supreme Court Grants Immunity for FDA Approved Medical Devices
- FDA Warns Doctors to Retrieve Device Fragments
DUI, Traffic and Criminal Law Defense
- DUI Cases II
- Can walking in a straight line really reveal that I’m unfit to drive?
- Your Right to Remain Silent
- Drug Offenses
- DUI Cases
- 'Click It or Ticket' and Virginia's Seat Belt Laws
- Inside the Officer's Mind
- UVA Professor: Vague Traffic Laws Invite Discrimination
- Great DUI Information
General Observations
General
Firm News
Kaine announces newest attack on drunken driving
Christie Brinkley Divorce Case Settled
Shia LaBeouf receives DUI, cleared of blame in car crash
Police: charges pending against injured Virginia Beach motorcycle rider
Norfolk Police officer off the streets after DUI arrest
Bicyclist Killed After Being Struck By SUV
W&L professor formally sues Virginia Lottery
Salmonella can ride water into tomatoes
Cold Medication Use In Young Children Can Lead To Adverse Effects, Even Death
Man in critical condition after being hit by car in Norfolk
Firm Library
Personal Injury and Automobile Accidents
- Car Insurance Terms in Virginia
- What are Virginia's Laws Regarding Dog Bites?
- One in Three Va. Drivers Texting
- No Civil Liability for Hosts or Bars in Virginia
- Is Your Car Spying On You?
Medical Malpractice
- Switching to Electronic Health Records has Great Benefits, But Poses Liability for Hospitals
- Why is Heparin Killing Babies?
- Website Allows Consumers to Compare Hospitals
- Transient Ischemic Attacks & Strokes
- How Medical Mistakes are Costing U.S. Healthcare $8.8 Billion
DUI, Traffic and Criminal Law Defense
- Having one more for the road may skew breath tests
- Virginia DUI Laws for First Time Offenders
- Virginia Legislature Working to Repeal Fines
- Requesting a Restricted License in Virginia
- Ignition Interlock Devices & DUI Law
Divorce
General
No Civil Liability for Hosts or Bars in Virginia
Virginia is one of only 8 states that still refuses to hold bars and restaurants accountable for over-serving their patrons. Sure, the bar can profit from the 10 beers that the man drinks while watching a football game, but when that game is over and he gets in a car to drive home, Virginia courts and the Virginia General Assembly say that the bar is not responsible to anyone on the road.
43 other states have enacted laws known as “dram shop” laws. These laws are designed to provide incentive for bars, restaurants, waiters, and bartenders to act responsibly in serving their guests. If the bar or bartender serves a drink to someone who is already over the legal limit and that person gets behind the wheel of a car and injures someone, the bar can be held accountable.
These laws make sense in drunk driving cases. Drunk drivers cause far and away more damage than the average car wreck. Many times, the drunk driver does not have adequate insurance to cover the injuries to the victim. The 43 states that have enacted dram shop laws realize that the appropriate place to look to cover the difference between the cost of the injury and the extent of the drunk driver’s insurance coverage is the restaurant or bar that profited from the sale of the alcohol.
Not Virginia.
Here, if you are injured and the other driver doesn’t have adequate insurance coverage, you will be paying out of pocket. The bar or restaurant that sold the driver alcohol for hours on end has no responsibility or accountability to you for your injuries.
Social Host Liability
The same immunity that protects bars and restaurants protects individuals who throw a party in their own home. This is true even if the person throwing the party knows that their friend has had too much to drink and plans on driving home. While many social hosts are responsible enough to talk their friends out of driving home, some simply do not care.
People who host parties and provide alcohol to their guests without requiring designated drivers or a taxi ride home are only putting you at risk when their friends head back out on the roads.
Ask an Attorney
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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223
FAQs
Personal Injury and Automobile Accidents
- Do I need a specialty lawyer for my personal injury case?
- When do I have a personal injury claim?
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Should I leave my vehicle unmoved at an accident scene until the police arrive?
- Should I call an Attorney before seeking medical attention?
Medical Malpractice
- What will the attorneys fees cost?
- What should I do if I feel that I, or someone close to me, have been a victim of medical malpractice?
- How is medical malpractice defined?
- The result of the medical care was bad and I believe that my doctor made a mistake. Will I win my case?
- Do doctors have a duty to tell the patients of every possible risk associated with a medical procedure?
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Does the failure of the police to give the Miranda warnings prior to arrest operate to make your arrest unlawful?
- I have failed my breathalyzer test. What good can an attorney do in such a case?
- When should an attorney be present with me?
- I have been asked to sign some forms by the police officers. What should I do?
Business Litigation
- What is involved in litigating a business matter?
- What are the alternatives to litigation?
- How does mediation differ from arbitration?
- What effort will you put in to my case?
- What fee schedule is employed for a class action?
Divorce
- If your spouse is in the military and you have been married less than ten years, do you have any rights to the military pension?
- Do you have to have the agreement of your spouse to get divorced?
- How is it possible to agree on a divorce with the best possible outcome for both parties?
- Can I and my spouse use the same attorney for our divorce for the purpose of saving money?
- How likely is it for a father to retain custody of the children?