Christian & Small LLP

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24 Years

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(205) 795-6588Visit WebsiteMap & Directions505 20th St N Ste 1800Birmingham, AL 35203 Write a Review

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Mon - Fri:	8:00 am - 5:00 pm

Christian & Small LLP

Criminal Law

DUI/DWI
First, a quick comment on a substantive change in the law which industry claim is a major win for the restaurant and hospitality industry. The causation standard in Alabama’s former dram shop statute was “consequence of”. The standard casts a very broad net and made it easy to connect a restaurant’s or bar’s violation of the dram shop statute with injuries a plaintiff sustained in a subsequent drunk driving accident. The new dram shop statute uses the more familiar “proximate cause” standard. Academically, the new statute’s “proximate cause” standard makes it harder to meet the elements of a dram shop claim. However, from a practical standpoint, this change is almost meaningless. Causation is almost always a jury question; it is extraordinarily rare for a trial judge to dismiss a case at the summary judgment stage on proximate cause, and even more rare for Alabama appellate courts to uphold a dismissal on that basis. Anecdotally, plaintiff lawyers don’t really care about causation. If they can get their case in front of a jury, they gloss over the proximate cause element and focus on a defendant’s violation of rules, and the plaintiff’s injuries, pain, and suffering. So, changing the causation standard from “consequence of” to “proximate cause” is nothing more than a superficial academic change in the law.

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General Info

In operation since 2000, Christian & Small is a full-service law firm. It offers a range of counseling and litigation services. The firm represents clients in cases related to antitrust, bankruptcy, business transactions, domestic relations, government affairs, insurance, health care, product and liquor liability, real estate, tax, and estate and trust planning. Christian & Small provides legal services to clients in matters that involve trademark infringement, unfair competition, dilution and the misappropriation of trade secrets. It defends individuals and businesses in criminal investigation matters. The firm also defends transportation companies in personal injury, employment, and cargo and property damage cases. In addition, Christian & Small offers advisory services for operating, independent contractor, joint venture and buy-sell agreements, as well as employment contracts.

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Phone: (205) 328-7234

Phone: (601) 427-4050

TollFree: (800) 223-6159

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