lecture12.1%20alcohol%20liability.%20HFT3600-1 - Lecture...

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Lecture 12.1 - Alcohol Liability Under common law principles, sellers are not liable for acts of patrons who cause damage to themselves or others while intoxicated. This is similar to the common law on guns - the makers of guns are not liable for the actions of person who use guns (unless the gun has a product defect). Most states have modified the common law alcohol rule by A Dram Shop @ laws. The term A dram @ comes from a unit of measure when alcoholic drinks used to be served by the dram. Dram Shop laws vary considerably from state to state and a few states have only common law. In general, Dram Shop laws provide that a party may be held liable when alcohol is served and the person to whom the alcohol is served then causes damages (injuries) to another due to intoxication. There are three specified circumstances in which service of alcohol may lead the server to be held liable under most state dram shop laws: 29328. The person served is underage for legally being served alcohol; or 29329. The person being served is visibly intoxicated (under the influence); or 29330. The person served is a known A habitual drunkard. @ State laws vary as to whether the person being served may have a claim against the server for injuries sustained by the person served due to intoxication. There is a case where an intoxicated patron fell off a bar stool and was injured, then sued the bar for continuing to serve her when the patron was already intoxicated. That patron won her case, but in most states the patron would not be able to claim against the alcohol server for the patron = s own injuries. Patrons who get into auto accidents have sometimes sued the bar where they were served. In most cases, the patron would not recover for his/ her own injuries. If, however, the bar knew that the patron would be driving after being served to intoxication, then the bar might be liable under general negligence principles or under the dram shop laws of some states. State laws also vary as to whether the dram shop act applies when the alcohol is provided free
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This note was uploaded on 03/08/2011 for the course HFT 3600 taught by Professor Boyd during the Spring '11 term at FIU.

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lecture12.1%20alcohol%20liability.%20HFT3600-1 - Lecture...

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