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 ?
Plaintiff's Experts: Michael Coyer, Dunmore, Pennsylvania (toxicology); Mark Willingham Major, Alcohol Solutions, Jacksonville, Florida (dram shop expert)
For example, state and local laws vary with regard to the age minimum for bartenders and service staff, drink-promotion restrictions and the dram shop liability standard.
This Comment focuses on Florida's Dram Shop Act, in a moral societal context, and how such civil liability should be extended to include social and commercial hosts under limited circumstances, for subsequent causally related damages to third persons.
So what are the most common dram shop exposures and how does a business owner protect the business from loss?
So-called commercial host liability, or dram shop liability, could reduce the more than 79,000 deaths that are linked to excessive drinking each year, the task force found in a systematic review of studies on the issue.
In order to provide the public with a right of recovery for injuries suffered as a result of the negligent provision of alcohol, many state legislatures adopted what are known as dram shop statutes.
"We have a statute in New Jersey that governs dram shop cases.
Alcohol Vendors' Liability Greatly Increases under Dram Shop Acts
Liquor liability insurance--called dram shop insurance--covers a restaurant, tavern or other seller from liability if a customer has too much to drink on premises and has an injury-causing or fatal accident, or causes injury or property damage as a direct result of being overserved.
The regulatory laws for beer include the blood alcohol concentration considered illegal per se and the presence of an open container, anticonsumption, and/or dram shop law (by statute or case law).
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.