What is Dram Shop Liability?

Alcohol can have negative effects on the body. Firstly, those who are under the influence may have compromised physical and mental abilities, and this may put them at risk of traffic accidents. Secondly, they also have the tendency to be violent.

Due to these effects, alcohol intake should be moderated. This is especially true for bars, restaurants, taverns, and other social hosts who serve alcohol to customers and guests.

According to the website of Clawson & Staubes, LLC: Injury Group, alcohol-related accidents involving the service of alcohol to intoxicated persons or minors may be taken to court. This is called dram shop liability, wherein a social host can be held accountable for serving or over-serving alcohol to a customer that has caused injury inside or outside the social host’s premises.

Drunk Driving

Drunk driving and violent tendencies come to mind once again. If a person has been served with excessive alcohol, has driven a car home, has triggered an accident, and has injured himself or another person, the social host may be held accountable because of its failure to monitor the intoxication level of the person it is serving.

Violent Tendency

It is a common stereotype that intoxicated people are often involved in bar fights, and there is a reason why such a stereotype exists. This is because those who are under the influence of alcohol really have the tendency to be violent, either inside or outside the social host’s premises.

The social host can be held liable in these cases as well, especially if they have overserved a person who already has a reputation of violence.

Proof

Many states don’t even recognize dram shop liability, because of the simple fact that it is hard to prove that the social host has been negligent in serving alcoholic products and that this negligence is the direct cause of an accident and injury. Also, there are many instances wherein the intoxicated person is really the one at fault, like how he or she is deciding to drive even when under the influence of alcohol.

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