Establishments Can Be Held Responsible for Serving Intoxicated Patrons
Have you ever been to a bar or restaurant and noticed a sign hanging behind the bartender that said, If you appear visibly intoxicated, we reserve the right to refuse to serve you?
This sign isn't there just to keep the establishment from getting rowdy. In Pennsylvania, any place or person with a liquor license can be held responsible if they serve a visibly intoxicated person and that person causes an accident.
This is referred to as Pennsylvania's Dram Shop law. And it affects more people than you may think.
What is Pennsylvania's Dram Shop Law?
According to Pennsylvania's Dram Shop Law, any establishment or licensed individual who gives alcohol to a visibly intoxicated person can be legally held responsible for injuries and damages that person might cause. This doesn't just mean bars and restaurants – private events are included too.
PA's Dram Shop law is often cited after a drunk driver causes a serious car accident. However, it applies in many different situations, including:
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If a visibly intoxicated patron is served and then starts a fight with others, the injured person can sue the bar, restaurant, or private event host under the Dram Shop law.
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If a restaurant serves a visibly intoxicated person and that person trips, falls, or gets seriously injured while walking back to their car – that person can sue under the Dram Shop law.
In fact, there are many tragic situations to which the Dram Shop law can be applied. The following conditions must be met:
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An employee or "agent" of an establishment served alcohol to someone who was "visibly intoxicated"
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The business or host's decision to serve alcohol to a visibly intoxicated customer directly caused injuries or damages
Dram Shop Law and Private Parties
Dram Shop Law can affect privately hosted parties as well – not just businesses and establishments. For example: If you hire a caterer or licensed bar service for your private party, they could be held responsible for over-serving a guest.
Any hired service that comes with a liquor license can be held accountable if an intoxicated guest causes an accident.
Even if you don't hire a caterer or bar service, you – as the party's host – could be held liable for the drinking that occurs at your party. For more information, read about the Social Host law in Pennsylvania.