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February 15th, 2024
Most states have some form of law under which a person or establishment can be held accountable for providing alcohol to someone who then harms another person while intoxicated. What responsibilities does the law impose when it comes to serving alcohol, and what kind of legal consequences can occur when someone fails to meet these responsibilities?
Commonly, statutes called “dram shop laws” make a bar, restaurant, or other establishment that serves alcohol liable for damages caused by an intoxicated patron under certain circumstances defined by the law. The most common situation in which a dram shop law can apply is one where a bar or restaurant serves alcohol to someone who then drives drunk and causes a motor vehicle crash.
While dram shop laws differ by state, and some states have no such laws at all, generally these laws impose liability on an establishment for serving alcohol to a person who is already noticeably intoxicated, or in many cases one who is not of an age to be legally permitted to drink alcohol. In this way dram shop laws attempt to strike a commonsense balance that appreciates the challenges in holding someone accountable for the actions of another, while at the same time enforces a reasonable responsibility to avoid providing alcohol to someone under circumstances where harm is likely to occur, or where it is illegal to do so, as in the case of minors.
Another way in which the law attempts to make sure alcohol consumption occurs responsibly is social host liability. This concept is similar to liability under a dram shop statute in that it holds individuals who serve alcohol to guests accountable for harm the guests cause while intoxicated. However, as its name suggests, social host liability applies not only to commercial establishments that serve alcohol, but also to individuals who offer alcohol to guests in private settings.
As with dram shop laws, each state applies social host liability differently, and some states do not recognize it at all. In some states, the dram shop law itself expressly states whether or not it applies in private settings, and in others social host liability has been developed in the courts. With the differences in laws among jurisdictions, attempting to determine who is legally responsible for physical injuries and other harm from an incident involving alcohol can be challenging. An experienced personal injury lawyer can help sort through the issues and protect the rights of those hurt by someone else’s carelessness.
