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Dram shop liability laws relate to serving alcohol to anyone and that person ending up causing an accident. The laws can vary between states, but most do have dram shop laws on the books and can hold vendors responsible if someone is injured as the result of a drunk driver. These cases are brought because the bar or other business is seen as liable for the accident by serving the intoxicated driver alcohol.
Who Is Covered Under Dram Shop Liability?
Today’s dram shop liability laws cover any business serving alcohol. This includes whether or not selling the alcohol is legal, whether or not the business has a liquor or beer and wine license in good standing, and whether or not they checked ID before selling the alcohol. Even if the business was cautious, if they continued to serve alcohol after someone was visibly intoxicated or violated dram shop liability laws in other ways, they may be held liable and may owe compensation to the victim of the accident.
What are the Main Violations?
There are a few main violations covered under dram shop liability laws. They include the following.
- Continuing to Serve – One of the main violations of these laws is continuing to serve someone after they are visibly intoxicated. Bartenders and servers should be trained in how to spot signs of intoxication.
- Not Having a Permit – Everyone who serves alcohol will need to get a permit. If they do not have this and are caught serving alcohol or serving something that isn’t covered by the permit, they can be held liable.
- Allowing Open Containers – Allowing open containers off the premises encourages drinking while driving and can mean a driver becomes further intoxicated while driving after they’ve left the business.
- Serving Alcohol to Someone Who is Under-Aged – Selling to someone who is not of legal drinking age can open the business up to dram shop liability laws. The legal drinking age is 21 years old throughout the US.
How Can You Tell Someone Should Not be Served?
If someone is obviously intoxicated and showing signs of intoxication, more alcoholic beverages should not be served. Signs can include the following.
- Aggressive or Emotional
- Bloodshot Eyes
- Unable to Balance or Loss of Coordination
- Slurring Speech
Businesses must also be aware of those who may be alcoholics, as they may have a higher blood alcohol content before showing signs of intoxication. Businesses can be held liable if they knew or should have known that the person was a habitual drinker because of how often they visited the business, how much they drank every time they visited, or other factors.
How to Prove Liability
Proving liability generally involves three points. It must be shown that the business sold alcohol to the patron that night, that the sale of alcohol resulted in intoxication, and that the person caused an accident. Some states require that it is proven that the person was too drunk for the business to continue serving them when the person left and the accident occurred.
Any business that sells liquor must be aware of local dram shop liability laws and what they can do to prevent potential issues. It is a good idea to speak with a lawyer if there is any incident where a personal injury case is started based on these laws.
