I'm a bartender. Could I be liable for serving someone who then drives drunk?

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Question:

I'm a bartender. Could I be liable for serving someone who then drives drunk?

Answer:

Dram shop laws have been imposed, along with DUI laws, to protect the public at large. Dram shop laws impose a strict liability on bar owners or other establishments which sell alcohol. The following is further information on strict liability and DUI laws and a bartender's liability for serving someone who then drives drunk. 

A dram is a unit of alcohol in the form of a liquid. Dram shop laws are meant to keep those who are intoxicated from receiving too much alcohol in the event they will harm another. Currently only 43 states have dram shop laws and these vary as far as liability is concerned. Some states dram shop laws are so severe they can hold an establishment responsible for money squandered away by a habitual drinker. The majority have laws stating that if the establishment serves a visibly intoxicated patron who then drives they will be financially held to a strict liability standard.

Strict liability is when a party is held liable regardless of any actual "fault." For instance in these cases, the drunk driver is often off the hook financially even though they played a part in their own inebriation.

Dram shop laws apply to both the establishment owners and those who have served the alcohol. If there is a way to prove the individual serving was able to determine the individual was drunk and the server continued to serve alcohol they too will be held liable. Most bartenders and servers are covered under the establishment's insurance policy, but may want to obtain legal counsel of their own.   

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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