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
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Los Angeles, CA, February 02, 2019 --(PR.com)-- MFE Insurance, a Los Angeles specialty insurance agency, recently released a blog educating readers on the benefits of dram shop liability insurance.
For example, state and local laws vary with regard to the age minimum for bartenders and service staff, drink-promotion restrictions and the dram shop liability standard.
  A Charlotte womans decision to consume at least alcoholic drinks in a few hours was grossly negligent as a matter of law, and so her estate cant sue the hotel which served her those fatal drinks under a theory of common law dram shop liability, a closely divided North Carolina Supreme Court ruled March 2.
Part II of this Comment provides and defines the necessary terms to fully understand the practice area of Dram Shop Liability. Part III discusses the evolution of Florida's Dram Shop Act, beginning with the traditional common law approach and ending with a glance at previously proposed legislation.
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.
The Idaho legislature has adopted legislation limiting social host and dram shop liability. (96) Under the statute, a person may not be held liable for selling or furnishing alcohol to another unless the provider knew or should have known that the recipient was under the legal drinking age or was visibly intoxicated.
Senate bill 4630 provides caps for noneconomic damages: modifies joint and several liability; permits structured settlements: modifies dram shop liability; and provides immunity from civil liability to directors of nonprofit organizations, members of hospital governing bodies, and the superintendents of school districts, except for acts of gross negligence.
An example of dram shop liability is provided by a Texas case in which the plaintiff was illegally served alcohol.
Seven states--Delaware, Kansas, Maryland, Nebraska, Nevada, South Dakota and Virginia--have no commercial dram shop liability laws, according to the Insurance Information Institute.
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.
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.
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.