Bar Owners and Bar Managers 

THE DRAM SHOP DILEMMA

What You Need to Know to Protect Your Business

The “Dram Shop Law” originally referred to a law pertaining to bars, saloons, and any other establishments where alcoholic beverages were sold to the public. Today statutes and case law refers to dram shop liability, specifically causes of action which arise after a customer has consumed alcoholic beverages at a much wider range of venues, including bars and restaurants, but also including private homes.

This distinction has given rise to two types of dram shop liability under dram shop laws, commercial host liability and social host liability. All 50 states have different laws regarding liability depending on whether the server was a commercial or a social host. As a proactive nightclub or bar operator, it’s wise to know where you stand at your location because nearly all states enforce some form of the law.

HOW TO MITIGATE OR ELIMINATE ALL DRAM 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.

HOW CAN BAR OWNERS PROTECT THEMSELVES FROM THE DRAM SHOP LIABILITY LAWS?

Owners of establishments serving alcohol must prove to the courts that they have taken active steps to stop their patrons from becoming intoxicated and causing harm. Offering the Impair Aware Machine is the most effective method available.

In the event of a third party lawsuit, all liquor license owners must prove in court beyond a reasonable doubt that they have taken active steps to stop their patrons from leaving their establishments and driving drunk.  This is why the Impair Aware Alcohol Indication System is being accepted in bars all over the United States and Canada. The machine is currently protecting bar owners from liability and saving people's lives. Having an Impair Aware machine in your establishment protects you and your venue from third party liquor liability lawsuits.  Encouraging patrons to test their sobriety level before driving is a proactive measure that impresses law enforcement personnel.  Offering a B.A.C. testing device indicates you have offered responsible assistance at the point of their consumption. The Impair Aware Alcohol Indication System transfers your liability for the actions of your patrons and places it where it belongs---on the shoulders of the driver.

WILL MY SALES DECREASE?

No! In fact, having an Impair Aware machine in an establishment sometimes increases the drinks per customer ratio.  Some people find that they can drink more over time and remain safe by monitoring their B.A.C.  Also, patrons who blow near or over the legal limit often decide to stay longer and continue drinking while they arrange for alternate transportation to take them safely home. 

LEGAL ISSUES

Impair Aware results are not recorded.  There is no printed record of the test. Additionally, the machine carries a legal disclaimer, which indicates that the results are hearsay as far as the law is concerned.  The machine’s results do not indicate that a person is ever okay to drive. The machine only states their blood alcohol level numerically.  It draws attention to their impairment and suggests they wait or avoid driving until they are not over the legal limit.  The disclaimer informs its user that they are responsible for their decisions, regardless of the results of the self-administered test.  Additionally, no self administered B.A.C. test can be used against a person in a court of law.  In fact, in order for breath alcohol test to be admissible as evidence, it would have to be administered by an expert in a controlled setting.  That is why the police have specific policies and procedures for administering BAC tests.

GOOD WILL

Having an Impair Aware machine in your bar benefits everyone.  Your customers appreciate you caring about their safety.  

 POLICE ENDORSEMENTS

FIND OUT MORE ABOUT THIS OPPORTUNITY

CALL: 1-877-584-7037 for pricing and general information.

E:mail: info@impairaware.com