Dram shop

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A dram shop (or dramshop) is a bar, tavern or similar commercial establishment where alcoholic beverages are sold. Traditionally, it is a shop where spirits were sold by the dram, a small unit of liquid.

Dram shop liability refers to the body of law governing the liability of taverns, liquor stores, and other commercial establishments that serve alcoholic beverages. Within the United States, laws that impose potential liability upon businesses that sell alcohol for injuries caused by their patrons are usually called dram shop laws or dram shop acts. [1]

Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third parties (those not having a relationship to the business that sold the alcohol) as a result of alcohol-related car crashes and other accidents. [2]

The laws are intended to protect the general public from the hazards of serving alcohol to minors and intoxicated patrons. Groups such as Mothers Against Drunk Driving (MADD) have advocated for the enforcement and enactment of dram shop laws across the United States as well as in the United Kingdom, [3] Canada, New Zealand and Australia. [4] The earliest dram shop laws date from the 19th-century temperance movement. [5]

United States

Serving alcohol to minors is illegal in all 50 states. [2] Many states impose liability on bars for serving minors who subsequently injure themselves or others, to deter bars from serving alcohol to minors. Thus in states like Texas and New Jersey, minors can sue a drinking establishment for their own injuries sustained while intoxicated. In Texas, this also applies to a minor served alcohol at a residential property. [6] In other states, dram shop liability only extends to serving the "habitually intoxicated".[ citation needed ]

The majority of states allow for recovery when the defendant knew (or should have known) the customer was intoxicated. [2] Some states have attempted to address this problem through more exacting tests. Many states impose liability on social hosts as well as commercial establishments. [7] This related area of the law is known as social host liability.

Different states' dram shop acts also differ as to whether a person who becomes intoxicated and injures themselves has a cause of action against the establishment that served them. Some states, such as New Jersey, will allow such a cause of action but will instruct the jury to take the intoxicated person's own negligence into account. Other states, such as New York, will not allow a person who injures themselves to bring a lawsuit against the bar that served them, but if that person dies will allow such a person's children to sue the drinking establishment for loss of parental consortium. [8]

Illinois

Under Illinois' dram shop law, plaintiffs can recover after demonstrating that:

  1. alcohol was sold to the patron by the defendant;
  2. damages were sustained by the plaintiff;
  3. the sale of alcohol was the proximate cause of the intoxication; and
  4. intoxication was at least one cause of the plaintiff's damages.

Proximate cause includes the requirement that the dram shop must have been able to foresee that its actions could cause injuries to third parties, but this is true for any establishment that serves (sells) alcohol. One Illinois court allowed a lawsuit against a company that dropped off self-serve barrels of beer at a union picnic. [9]

Maryland

In the state of Maryland there is no dram shop statute. [10]

Maryland only imposes social host liability on adults who knowingly and willfully provide alcohol to minors. [11] Social host liability was recognized by the Maryland Court of Appeals on July 5, 2016, pursuant to ruling that adults should be responsible for the actions of the underage drinkers they host, because those under 21 aren't competent to handle the potentially dangerous effects of alcohol. [12]

Massachusetts

In Massachusetts, the state's highest court has held that a bar could be sued where a patron exhibiting "drunk, loud and vulgar" behavior was determined to be "visibly intoxicated". [13] In that case, the evidence showed that the intoxicated patron had been served six or more White Russians by a bar. The patron left the bar, arriving at another bar about fifteen minutes later "totally drunk", holding a White Russian. The next bar that he went to refused to serve him. Shortly thereafter, the intoxicated patron lost control of his car, drove on a sidewalk, and killed a pedestrian.

Missouri

Missouri's dram shop law requires proof that the party demonstrates "significantly uncoordinated physical action or significant physical dysfunction." [14]

New York

To recover damages under the New York state dram shop law, a plaintiff must prove the following:

  1. the plaintiff suffered injury or damages as the result of the actions of an intoxicated individual,
  2. the defendant served alcohol to the intoxicated person who caused the damages or injury, and
  3. the defendant, therefore contributed to the further intoxication of the individual. [15]

Texas

In Texas, a patron must be so obviously intoxicated that he presents a clear danger to himself and others. Dram shops are able to protect themselves from any claims of liability provided they are able to prove that they require all their employees to attend a TABC-approved "seller training program" and that the employee accused of over-serving an intoxicated individual actually attended the program. [16] If these criteria are met, then any plaintiff seeking to sue the dram shop must prove that the employer either directly or indirectly encouraged said employee to violate the Texas Dram Shop Act in order for there to be liability. This dram shop immunity is called "The Safe Harbor". [17]

Effectiveness

A 1993 study from the National Bureau of Economic Research found some reduction in alcohol-related fatalities from the implementation of dram shop laws though it did not control for the special cases of Utah and Nevada, which may have distorted the results. [18] A 2011 survey of eleven studies measuring dram shop acts against alcohol-related harms found strong evidence of the effectiveness of dram shop laws in reducing those harms. [19] [20]

Related Research Articles

<span class="mw-page-title-main">Alcohol intoxication</span> Negative effects due to ethanol (alcohol)

Alcohol intoxication, also known in overdose as alcohol poisoning, commonly described as drunkenness or inebriation, is the behavior and physical effects caused by a recent consumption of alcohol. In addition to the toxicity of ethanol, the main psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. These effects may not arise until hours after ingestion and may contribute to the condition colloquially known as a hangover.

A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

<span class="mw-page-title-main">Bar (establishment)</span> Establishment serving alcoholic beverages for consumption on the premises

A bar, also known as a saloon, a tavern or tippling house, or sometimes as a pub or club, is a retail business establishment that serves alcoholic beverages, such as beer, wine, liquor, cocktails, and other beverages such as mineral water and soft drinks. Bars often also sell snack foods, such as crisps or peanuts, for consumption on their premises. Some types of bars, such as pubs, may also serve food from a restaurant menu. The term "bar" refers to the countertop where drinks are prepared and served, and by extension to the overall premises.

<span class="mw-page-title-main">Drinking culture</span> Aspect of human behavior

Drinking culture is the set of traditions and social behaviors that surround the consumption of alcoholic beverages as a recreational drug and social lubricant. Although alcoholic beverages and social attitudes toward drinking vary around the world, nearly every civilization has independently discovered the processes of brewing beer, fermenting wine and distilling spirits.

Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be:

<span class="mw-page-title-main">Personal injury</span> Legal term for an injury to a person

Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to their body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.

Social host liability is created by a statute or case law that imposes liability on social hosts as a result of their serving alcohol to adults or minors. A social host is most often a private individual who serves alcohol in a non-commercial setting. Persons subject to social-host liability in civil actions are typically those that provided alcohol to the obviously intoxicated social guests who subsequently are involved in vehicle crashes or other activities causing death or injury to third parties, or to minors who are injured as a result of intoxication that results from service of alcohol by the host, but the circumstances under which social host liability can result varies by jurisdiction.

In the United States, a Minor in Possession or a MIP, is any person under the legal drinking age of 21 who possesses or consumes alcohol. Underage consumption is illegal, typically a misdemeanor. In California, depending on the county in which the person is charged, the crime may also be charged as an infraction. Anyone under the age of 21 who possesses alcohol in the United States with the exception of special circumstances is violating the law of the state.

<span class="mw-page-title-main">Liquor license</span> Governmentally issued permit to sell, manufacture, store, or otherwise use alcoholic beverages

A liquor license is a governmentally issued permit to sell, manufacture, store, or otherwise use alcoholic beverages.

<span class="mw-page-title-main">Alcohol laws in Germany</span> Laws regarding the consumption and purchase of alcoholic beverages in Germany

The German laws regulating alcohol use and sale are mostly focused on youth protection. In contrast to many other countries, legislation is relatively lenient and not designed to keep young people away from alcohol, but rather intended to teach them an appropriate approach to alcohol consumption, which is reflected by one of the lowest drinking ages in the world.

<span class="mw-page-title-main">Alcohol laws of Missouri</span> Overview of alcohol laws in the US state of Missouri

The alcohol laws of Missouri are among the most permissive in the United States. Missouri is known throughout the Midwest for its largely laissez-faire approach to alcohol regulation, in sharp contrast to the very strict alcohol laws of some of its neighbors, like Kansas and Oklahoma.

The following outline is provided as an overview of and introduction to tort law in common law jurisdictions:

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<span class="mw-page-title-main">Alcohol laws of New Jersey</span> Laws governing alcoholic beverages in New Jersey

The state laws governing alcoholic drinks in New Jersey are among the most complex in the United States, with many peculiarities not found in other states' laws. They provide for 29 distinct liquor licenses granted to manufacturers, wholesalers, retailers, and for the public warehousing and transport of alcoholic drinks. General authority for the statutory and regulatory control of alcoholic drinks rests with the state government, particularly the Division of Alcoholic Beverage Control overseen by the state's Attorney General.

<span class="mw-page-title-main">Alcohol law</span> Law pertaining to alcoholic beverages

Alcohol laws are laws relating to manufacture, use, being under the influence of and sale of alcohol or alcoholic beverages. Common alcoholic beverages include beer, wine, (hard) cider, and distilled spirits. Definition of alcoholic beverage varies internationally, e.g., the United States defines an alcoholic beverage as "any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume". Alcohol laws can restrict those who can produce alcohol, those who can buy it, when one can buy it, labelling and advertising, the types of alcoholic beverage that can be sold, where one can consume it, what activities are prohibited while intoxicated, and where one can buy it. In some cases, laws have even prohibited the use and sale of alcohol entirely.

<span class="mw-page-title-main">Alcohol laws of Massachusetts</span>

The serving of alcohol in the Commonwealth of Massachusetts is governed by the Alcoholic Beverages Control Commission (ABCC), which is responsible for issuing licenses and permits for all manufacturers, wholesalers and importers, out-of-state suppliers, brokers, salespeople, warehouses, planes, trains, ships, ship chandlers and vehicles transporting alcoholic beverages.

<span class="mw-page-title-main">Caffeinated alcoholic drink</span> Drink containing both alcohol and caffeine

A caffeinated alcoholic drink is a drink that contains both alcohol and a significant amount of caffeine. Caffeine, a stimulant, masks some of the depressant effects of alcohol. However, in 2010 and 2011, this type of drink faced criticism for posing health risks to its drinkers. In some places there is a ban on caffeinated alcoholic drinks.

<span class="mw-page-title-main">Alcohol laws of Texas</span> Laws restricting sale and consumption of alcohol in the state of Texas

A person must be at least 15-17 years of age to publicly drink an alcoholic beverage in Texas, with some exceptions

The civil liability of a recreational diver may include a duty of care to another diver during a dive. Breach of this duty that is a proximate cause of injury or loss to the other diver may lead to civil litigation for damages in compensation for the injury or loss suffered.

References

  1. ↑ Tauber, T.S. (1987). "Dram Shop Act". Drake Law Review. 37: 537. Retrieved 22 September 2017.
  2. 1 2 3 "Dram Shop Civil Liability and Criminal Penalty State Statutes". National Conference of State Legislatures. 14 June 2013. Retrieved 3 July 2017.
  3. ↑ Single, Eric (June 1990). "Server intervention: a new approach to the prevention of impaired driving". Health Education Research. 5 (2): 237–245. doi:10.1093/her/5.2.237.
  4. ↑ Lang, Ernie (1 January 1991). "Server intervention: what chance in Australia?". Drug and Alcohol Review. 10 (4): 381–393. doi:10.1080/09595239100185431. PMID   16818301.
  5. ↑ Mosher, J.F. (1979). "Dram shop liability and the prevention of alcohol-related problems". Journal of Studies on Alcohol. 40 (9): 773–798. doi:10.15288/jsa.1979.40.773. PMID   513772.
  6. ↑ "Underage Drinking Laws". Texas Alcoholic Beverage Commission. Retrieved 30 July 2017.
  7. ↑ "Social Host Liability for Underage Drinking Statutes". National Conference of State Legislatures. 27 March 2014. Retrieved 22 September 2017.
  8. ↑ "Valicenti v. Valenze, 68 NY 2d 826 (1986)". Google Scholar. Retrieved 30 July 2017.
  9. ↑ "Peterson v. Donelson Sales Co., 281 NE 2d 753 (2d Dist. 1972)". Google Scholar. Retrieved 30 July 2017.
  10. ↑ "Civil Action - Wrongfully Selling or Furnishing Alcoholic Beverages" (PDF). Department of Legislative Services. Maryland General Assembly. 22 February 2016. Retrieved 30 July 2017.
  11. ↑ Buy, Lynh (5 July 2016). "Adults who serve booze to underage kids in Md. can be held responsible for the consequences". Washington Post. Retrieved 30 July 2017.
  12. ↑ "Kiriakos v. Phillips, 448 Md. 440, 465, 139 A.3d 1006 (2016)". Google Scholar. Retrieved 30 July 2017.
  13. ↑ "Cimino v. Milford Keg, Inc., 431 NE 2d 920 (1982)". Google Scholar. Retrieved 30 July 2017.
  14. ↑ "Missouri Statutes, Sec. 537.053. Sale of alcoholic beverage may be proximate cause of personal injuries or death - requirements (dram shop law)". Revisor of Statutes. State of Missouri. Retrieved 30 July 2017.
  15. ↑ Burstein, Robert (2009). "A Non-Extrapolative Analysis of Robinson v. June" (PDF). Westchester County Bar Association Journal. 36 (2): 60–67. Retrieved 30 July 2017.
  16. ↑ "Seller Training / TABC Certification". Texas Alcoholic Beverage Commission. Retrieved 30 July 2017.
  17. ↑ "Safe Harbor Brochure". Texas Alcoholic Beverage Commission. Retrieved 30 July 2017.
  18. ↑ Grossman, Michael; Saffer, Henry; Chaloupka, Frank J. (2001-02-10). "Alcohol Control Policies and Motor Vehicle Fatalities by Frank J. Chaloupka, Henry Saffer, Michael Grossman :: SSRN". SSRN   248594.{{cite journal}}: Cite journal requires |journal= (help)
  19. ↑ Rammohan, V; Hahn, R.A.; Elder, R.; Fielding, J.; Naimi, T.S.; Toomey, T.L.; Chattopadhya, S.K.; Zometa, C. (September 2011). "Effects of dram shop liability and enhanced overservice law enforcement initiatives on excessive alcohol consumption and related harms: Two community guide systematic reviews". American Journal of Preventive Medicine. 41 (3): 334–343. doi:10.1016/j.amepre.2011.06.027. PMID   21855749.
  20. ↑ "Task Force finds commercial liability an effective strategy to reduce alcohol-related problems". CDC. Centers for Disease Control and Prevention. 10 August 2011. Retrieved 30 July 2017.
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