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\t\tWhat are Dram Shop laws?<\/h3>\n
Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third parties (those not having a relationship to the business that sold the alcohol) as a result of alcohol-related car crashes and other accidents.<\/p>\n
In simple terms, dram shop laws hold retail establishments liable for damages caused by serving alcohol to an obviously intoxicated patron – and in some cases – the owner of a bar, restaurant, tavern or other establishment can be sued if an intoxicated patron causes a car accident.<\/p>\n
The majority of states allow for recovery when the defendant knew (or should have known) the customer was intoxicated. Some states have attempted to address this problem through more exacting tests. Many states impose liability on social hosts as well as commercial establishments.<\/sup> This related area of the law is known as social host liability.<\/p>\n The intent of dram shop laws is to encourage bar owners to train employees to recognize when this point has been reached by a patron, and cut off any further service or sale of alcohol.<\/p>\n When this guideline is ignored, it becomes much more likely that a patron will leave the bar and cause some kind of harm to himself and\/or others by causing an auto accident.<\/p>\n It might also be that the patron becomes belligerent with excess alcohol and engages in a fistfight with other customers at the bar. Both types of behavior are clearly unacceptable.<\/p>\n Dram shop laws vary from state to state, but 43 states enacted dram shop laws<\/strong><\/em> in some form in response to the large number of DUIs that cause catastrophic injuries or wrongful deaths. These laws allow some degree of liability against drinking establishments who allow visibly intoxicated patrons to drive away.<\/p>\n States that do not have<\/em><\/strong> dram shop laws include Virginia, South Dakota, Nevada, and Maryland.<\/p>\n California has enacted a law specifically prohibiting civil liability of people, bars, and alcohol retailers that serve alcoholic beverages to those that subsequently cause injury or death to others.<\/p>\n Alcohol Seller-Server training can mitigate liability during a lawsuit involving intoxication by providing evidence of intent on the part of the establishment that serves and sells alcoholic beverages.\u00a0 This defense is called a \u201creasonable efforts defense\u201d or “Safe Harbor”.<\/p>\n Although the \u201cSafe Harbor\u201d defense exists to protect employers, it is key that employers are both aware of and involved in the activities taking place in their particular establishment to avail themselves of this protection.\u00a0 Therefore, in order to attempt to stay within and be able to rely upon the \u201cSafe Harbor\u201d defense, providers of alcohol should, at a minimum:<\/p>\n <\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" Under dram shop laws, businesses that sell alcohol can face civil liability for injuries that their intoxicated patrons inflict on third parties.<\/p>\n","protected":false},"author":1,"featured_media":11418,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[16,13],"_links":{"self":[{"href":"http:\/\/servesafetrainingcourses.com\/blog\/wp-json\/wp\/v2\/posts\/11233"}],"collection":[{"href":"http:\/\/servesafetrainingcourses.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/servesafetrainingcourses.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/servesafetrainingcourses.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/servesafetrainingcourses.com\/blog\/wp-json\/wp\/v2\/comments?post=11233"}],"version-history":[{"count":4,"href":"http:\/\/servesafetrainingcourses.com\/blog\/wp-json\/wp\/v2\/posts\/11233\/revisions"}],"predecessor-version":[{"id":11420,"href":"http:\/\/servesafetrainingcourses.com\/blog\/wp-json\/wp\/v2\/posts\/11233\/revisions\/11420"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/servesafetrainingcourses.com\/blog\/wp-json\/wp\/v2\/media\/11418"}],"wp:attachment":[{"href":"http:\/\/servesafetrainingcourses.com\/blog\/wp-json\/wp\/v2\/media?parent=11233"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/servesafetrainingcourses.com\/blog\/wp-json\/wp\/v2\/categories?post=11233"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/servesafetrainingcourses.com\/blog\/wp-json\/wp\/v2\/tags?post=11233"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}![\"Food](\"http:\/\/servesafetrainingcourses.com\/alcohol_safety_training_banner_icon.png\"){kind=icon}
Alcohol Seller-Server Training - 10% OFF SALE<\/div>\r\n\r\n
Intent of Dram Shop Laws<\/h3>\n
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\t\tWhich states have Dram Shop laws?<\/h3>\n
Safe Harbor & Liability Mitigation<\/h3>\n
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Additional Resources:<\/h3>\n
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