Dram Shop Law
In the past the only person that could be held liable for damages when a drunk driving crash occurred was the intoxicated individual driving.
After the accident, the drunk driver could face criminal charges as well as subsequent civil charges for damages, both physical and emotional.
But many states felt that the current law at the time which only targeted the driver was not adequate enough to truly reduce the rates of drunk drivers.
Legislators felt that more than one party should be responsible in certain cases of serious car accidents involving alcohol.
As a result, current dram shop laws were passed in a number of states.
"Dram shop" is a hold over term from colonial times when alcohol serving establishments (called shops) used units of liquid measurement called drams to serve alcohol.
The earliest laws came about in the 19th century in conjunction with the temperance movement.
Current dram shop laws make it possible for bar owners and bar tenders alike to be held financially liable in certain DUI crashes.
The law is such that if a bartender allows someone to become grossly intoxicated at their establishment and that individual leaves the bar and injures someone or causes property damage with his or her vehicle, the bar and bar tender can be sued for damages.
Individual States and Dram Laws Today there are currently 43 states (and Washington D.
C.
) in the United States that have enacted dram shop laws.
These laws vary from state to state, as does their actual enforcement.
Some states use these laws to focus more on establishments who serve alcohol to minors who then cause accidents.
In some states, minors even have the right to sue the establishments themse4lves for injuries sustained while intoxicated.
The idea behind dram laws was to protect the general public at large from minors who are served alcohol or adults who are served large amounts.
The enforcement and enactment of many of these laws was mainly driven by the non-profit group Mothers Against Drunk Driving or MADD.
Shop laws have experienced intense criticism from organizations and individuals advocating the role of personal liability.
Bar owners and bartenders have also argued that it is near to impossible to accurately judge the extent of an individual's intoxication before they leave the bar.
They feel that any liability they have what drunk patrons do after they leave the bar is unjust.
After the accident, the drunk driver could face criminal charges as well as subsequent civil charges for damages, both physical and emotional.
But many states felt that the current law at the time which only targeted the driver was not adequate enough to truly reduce the rates of drunk drivers.
Legislators felt that more than one party should be responsible in certain cases of serious car accidents involving alcohol.
As a result, current dram shop laws were passed in a number of states.
"Dram shop" is a hold over term from colonial times when alcohol serving establishments (called shops) used units of liquid measurement called drams to serve alcohol.
The earliest laws came about in the 19th century in conjunction with the temperance movement.
Current dram shop laws make it possible for bar owners and bar tenders alike to be held financially liable in certain DUI crashes.
The law is such that if a bartender allows someone to become grossly intoxicated at their establishment and that individual leaves the bar and injures someone or causes property damage with his or her vehicle, the bar and bar tender can be sued for damages.
Individual States and Dram Laws Today there are currently 43 states (and Washington D.
C.
) in the United States that have enacted dram shop laws.
These laws vary from state to state, as does their actual enforcement.
Some states use these laws to focus more on establishments who serve alcohol to minors who then cause accidents.
In some states, minors even have the right to sue the establishments themse4lves for injuries sustained while intoxicated.
The idea behind dram laws was to protect the general public at large from minors who are served alcohol or adults who are served large amounts.
The enforcement and enactment of many of these laws was mainly driven by the non-profit group Mothers Against Drunk Driving or MADD.
Shop laws have experienced intense criticism from organizations and individuals advocating the role of personal liability.
Bar owners and bartenders have also argued that it is near to impossible to accurately judge the extent of an individual's intoxication before they leave the bar.
They feel that any liability they have what drunk patrons do after they leave the bar is unjust.
