Dram Shop Liability

Pronunciation: DRAM SHOP ly-uh-BIL-uh-tee

Torts › Duty of Care

Definition

Statutory cause of action imposing liability on commercial alcohol vendors (bars, restaurants, liquor stores) who serve alcohol to visibly intoxicated persons or minors, making the vendor liable for third-party injuries caused by the intoxicated patron. At common law, the act of serving alcohol was not the proximate cause of injuries caused by the drinker. Dram shop acts changed this by statute in most states. Social host liability is more limited — most states do not impose liability on social hosts who serve adult guests, though many impose liability for serving minors.

Related terms

• Duty of Care — A legal obligation to exercise reasonable care to avoid causing harm to others. The duty of care is…
• Negligence Per Se — Doctrine establishing that violation of a safety statute constitutes conclusive or presumptive evidence of breach of duty when:…
• Proximate Cause — A limitation on liability requiring that the harm suffered must be within the scope of risk created by…

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