barowners
How to mitigate or eliminate all dramp shop damages
Statutes and case law govern situations where someone, either a person who consumed alcohol beverages, or a third party, was injured in an accident involving alcohol.
The common law rule in most United States jurisdictions prior to the enactment of any statutes or the hearing of any cases on the subject was that consumption of alcohol, rather than the furnishing of it, was the proximate cause of alcohol-related accidents.
According to the 21st Amendment to the U.S. constitution, each individual state may enact its own laws regarding the sale and distribution of alcohol beverages. These laws vary widely in the field of dram shop. Some states have abided by the common law rule, either by express legislation, or by case law. Many, however, in response to a great number of drunken-driving injuries and fatalities, have enacted dram shop statutes that impose liabilities on different classes of persons upon the occurrence of certain conditions.
Unfortunately until now there is was no full-proof way for a licensed seller of alcohol beverages to fully insure themselves from dram shop liability. Bar and club owners always can become defendants in dram shop actions, but taking precautionary steps can mitigate damages and even eliminate liability in some cases.
