Dram Shop Liability

A term referring to the body of law governing the liability of taverns, liquor stores and other commercial establishments that serve alcoholic beverages, in particular the liability arising from the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third-parties unrelated to the ‘dram shop’ due to alcohol-related car crashes and other accidents
References in periodicals archive ?
Kelley Kronenberg's Rapid Response Team is equipped to respond to catastrophes involving construction, transportation, OSHA, manufacturing, chemical plants, premises liability matters and Dram shop liability matters.
So-called commercial host liability, or dram shop liability, could reduce the more than 79,000 deaths that are linked to excessive drinking each year, the task force found in a systematic review of studies on the issue.
4 percent was found in areas with increased dram shop liability.
The Idaho legislature has adopted legislation limiting social host and dram shop liability.
Diamantopoulos, Note, A Look at Social Host and Dram Shop Liability from Pre-Game Tailgating to Post-Game Barhopping, 4 DEPAUL J.
An example of dram shop liability is provided by a Texas case in which the plaintiff was illegally served alcohol.
Assuming proof that the contentious drinker was served while visibly intoxicated, the bar will be liable for the injuries caused by the ashtray based on dram shop liability.
Seven states--Delaware, Kansas, Maryland, Nebraska, Nevada, South Dakota and Virginia--have no commercial dram shop liability laws, according to the Insurance Information Institute.
In almost all states, however, dram shop liability must meet the "obvious intoxication" test: The server knew, or should have known, that the customer was intoxicated and therefore a danger to himself/herself and others, according to the Marin Institute, an alcohol-industry watchdog.
Stephen Barth, attorney and educator, warned that dram shop liability trends continue to focus the attention of the legal world on servers of beverage alcohol, and advised that thorough and regular training of responsible service methods is one key way for operators to protect themselves against potentially devastating judgments.
The factual details that establish dram shop liability may be lost with time as physical evidence evaporates and witnesses shift their recollection from what actually happened to what sounds good.
In the complex area of Dram Shop Liability, Barth outlined the "liability triangle," and issues surrounding the dram shop patron and injured third parties.