Define: Dram Shop Rule

The Dram Shop Rule is a legal principle that holds establishments, such as bars or restaurants, liable for injuries or damages caused by serving alcohol to visibly intoxicated individuals or minors.

The purpose of the Dram Shop Rule is to discourage establishments from over-serving alcohol to individuals who are already intoxicated, thereby reducing the risk of alcohol-related accidents and injuries.

“Visibly intoxicated” refers to a person’s observable behavior, such as slurred speech, stumbling, or impaired coordination, which indicates that they are under the influence of alcohol to a significant degree.

Yes, if it can be proven that the establishment served alcohol to the visibly intoxicated person or a minor, and that this act of serving alcohol directly contributed to the injuries or damages suffered by the plaintiff, they may have grounds to sue the establishment.

The Dram Shop Rule typically does not allow for direct lawsuits against the intoxicated person. However, the injured party may still pursue legal action against the establishment that served the alcohol to the intoxicated person.

Some states have exceptions to the Dram Shop Rule, such as when the establishment serves alcohol to an individual who later causes harm to themselves. Additionally, some states may have different variations or limitations on the rule, so it is important to consult the specific laws of your jurisdiction.

In some cases, an establishment may still be held liable if they served alcohol to an individual who later caused harm to themselves. However, this may depend on the specific circumstances and the laws of the jurisdiction in which the incident occurred.

Yes, under the Dram Shop Rule, an establishment can be held liable for serving alcohol to a minor, even if they were unaware of the person’s age. It is the responsibility of the establishment to verify the age of the individuals they serve.

If the establishment can demonstrate that the person appeared sober and did not exhibit any signs of visible intoxication at the time of service, they may have a defence against liability under the Dram Shop Rule. However, this defence may vary depending on the jurisdiction.

In some cases, an establishment may still be held liable even if the intoxicated person consumed alcohol from multiple sources. The liability may be apportioned among all parties involved, including the establishment, based on their respective contributions to the person’s intoxication.