Dram shop law

Answer 1

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Dram shop laws impose liability on liquor establishments and even individuals for the illegal sale of alcohol which directly results in the injury of another person. The "illegal sale"of alcohol would encompass any sale of alcohol that violates the law including the sale of alcohol to a person who is already intoxicated.

In Minnesota, the dram shop law may impose liability when an illegal sale results in harm to a third party. Minn. Stat. § 340A.801. Even a person who who drinks and injures himself or herself may have a case where their family files for their economic loss including lost wages, pain and suffering, loss of care and companionship and any medical expenses.

The illegal sale of alcohol includes within its definition:

* any sale to a minor * any sale to an obviously intoxicated person, * any sale on a day prohibited by law or during hours prohibited by law, * any sale to nonmembers or guests of a club. Englund v. MN CA Partners/MN Joint Ventures, 555 N.W.2d 328, 330-31 (Minn. App. 1996), aff'd 565 N.W.2d 433 (Minn. 1997).

Answer 2

There is no liability for a social host in California.

California Civil Code Section 1714 provides:
1714. (b) It is the intent of the Legislature to abrogate the holdings
in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v.
Harrah's Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court
(1978) 21 Cal.3d 144 and to reinstate the prior judicial
interpretation of this section as it relates to proximate cause for
injuries incurred as a result of furnishing Alcoholic Beverages to an
intoxicated person, namely that the furnishing of alcoholic
beverages is not the proximate cause of injuries resulting from
intoxication, but rather the consumption of alcoholic beverages is
the proximate cause of injuries inflicted upon another by an
intoxicated person.
(c) No social host who furnishes alcoholic beverages to any person
may be held legally accountable for damages suffered by that person,
or for injury to the person or property of, or death of, any third
person, resulting from the consumption of those beverages.

NOT EVEN BARS OR LIQUOR STORS WHO SELL LIQUOR TO AN OBVIOUSLY INTOXICATED PERSON CAN BE HELD CIVILLY LIABLE FOR DOING SO, BUT THERE MAY BE CRIMINAL RESPONSIBILITY IN THE FORM OF A MISDEMEANOR.

This is contained in the Business and Professions Code, which provides:


25602. (a) Every person who sells, furnishes, gives, or causes to
be sold, furnished, or given away, any alcoholic beverage to any
habitual or common drunkard or to any obviously intoxicated person is
guilty of a misdemeanor.
(b) No person who sells, furnishes, gives, or causes to be sold,
furnished, or given away, any alcoholic beverage pursuant to
subdivision (a) of this section shall be civilly liable to any
injured person or the estate of such person for injuries inflicted on
that person as a result of intoxication by the consumer of such
alcoholic beverage.
(c) The Legislature hereby declares that this section shall be
interpreted so that the holdings in cases such as Vesely v. Sager (5
Cal. 3d 153), Bernhard v. Harrah's Club (16 Cal. 3d 313) and Coulter
v. Superior Court (____ Cal. 3d ____) be abrogated in favor of prior
judicial interpretation finding the consumption of alcoholic
beverages rather than the serving of alcoholic beverages as the
proximate cause of injuries inflicted upon another by an intoxicated
person.

George L. de la Flor
Law Offices of George L. de la Flor, APC
8355 La Mesa Blvd.
La Mesa, CA 91941
(619) 698-2926

Answer 3

Dram shop liability refers to holding a bar or other establishment liable when they knowingly serve a person to the point of intoxication and that person drives and causes an accident or injury to a third party.

Essentially, Jim goes to Moe's tavern, gets drunk, gets in his car, and starts driving home. Moe knows that Jim is drunk, but lets him drive anyway. Drunk-driving Jim crashes into a school bus, and hurts 22 kids. Jim is poor and can't afford to pay for the kids' injuries. Dram shop allows the kids (or their parents) to sue the bar for anything that Jim can't cover.

All states have some form of dram shop liability, although the requirements vary from state to state. Some require that the person was obviously drunk, that the person was not offered a cab or other means of transportation, etc.