dram shop rule

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dram shop rule

n. a statute (Dram Shop Act) or case law in 38 states which makes a business which sells alcoholic drinks or a host who serves liquor to a drinker who is obviously intoxicated or close to it, strictly liable to anyone injured by the drunken patron or guest. To the contrary, California recently passed legislation specifically banning such strict liability. It is often hard to prove that the liquor bought or served was the specific cause of an accident (such as an automobile crash while driving home), since there is always an intervening cause, namely, the drunk.

References in periodicals archive ?
The complaint also alleged that Hylan Bistro, knowing the patrons propensity for violence, violated the Dram Shop Act by allowing the patron to become and remain intoxicated on the premises, had negligently supervised, trained, and instructed its staff and employees, and had failed to safely maintain the premises for its patrons, including the plaintiff.
So what are the most common dram shop exposures and how does a business owner protect the business from loss?
Judge puts $1M settlement from dram shop suit into court registry.
4 percent was found in areas with increased dram shop liability.
37) Several state courts have altered the common-law rules of social host liability despite the existence of concurrent dram shop legislation.
The trial judge dismissed the family's claim that the bar had violated New Jersey's Dram Shop Act because it did not serve Nesbitt any alcohol.
We will discuss this liability in the section of this chapter on dram shop acts.
Still, dram shop laws differ among the states, making insurance writing a challenge, Durnal said.
ASM argued that this evidence went beyond the scope of the dram shop act and was in fact inadmissible habit evidence that was unfairly prejudicial.
The presence of an open container law leads to lower excise taxes on beer (substitutability), but dram shop laws by statute lead to higher beer taxes (complementarity).
For a while, a suburban police department served as designated driver for Pat Fischer, who sometimes was overserved at a dram shop in his neighborhood.
A number of robberies in February were attributed to the customers of John Hughson's dram shop, which was frequented by blacks.