A drunk driving or DUI/DWI sentence may possibly be the first of all thing that comes up whenthinking of the outcomes of driving under the influence. Drunk driving or intoxication often results ininjury to the person drinking and to others, along with property damage. If you furnish alcohol to someone who can cause property damage and injuries, you may deal with a civil lawsuit for financial damages. 

Learn the issues and risks of providing alcohol.

Sources of Liability for Alcohol Providers

Several kinds of alcohol providers could be liable for the acts of an drunk person. Providers include distributors, such as cafes, eating places and suppliers. Also included are social hosts, bosses and fraternities.

In the past, alcohol providers characteristically weren’t held responsible by courts for an intoxicated person’s actions. Many states then passed dram shop laws. These laws place liability on some alcohol companies for damages caused by intoxicated people. Today, most states have a dram shop law, but coverage differs. Dram shop laws tend to differ on the elements of:

  • Who can be found liable for injuries and damages for providing alcoholWhat damages an injured person can seekWhether relief under the dram shop law is the only relief allowed
  • The remedy allowed under a dram shop law may be exclusive. This means that lawsuits based on other legal theories, such as negligence, might be barred.

Minors and Third Party Liability

Liability of a vendor or a social host can depend upon whether the intoxicated person is an adult or a minor. Providing minors with alcohol can be the basis for negligence claims. A plaintiff in a lawsuit would try to show negligence through a breach of duty of care by furnishing alcohol to a minor. In doing so, it was anticipated or foreseeable that intoxication, property damage and/or injuries would result.

Subject to the state, distributors selling alcohol to a minor can be treated differently than social hosts. By way of example, the convenience store owner compared with the host of party at home. Liability for selling or supplying alcohol to minors can be based on violations of laws, regulations or local ordinances against underage drinking.

Other Providers of Alcohol

Employers can be sued for damages that result from supplying alcohol to an employee, or to someone in the role of a social host. Employers can be to blame for an employee’s actions under the doctrine of respondeat superior. This can include instances when an employee is on the job, or when his actions are within the scope of his employment. Examples include company events or business meetings.

College fraternities are often sued after supplying alcohol at parties and their members or party guests cause accidents and injuries. A plaintiff may seek to hold a fraternity liable as a social host. Another basis for liability is the tort theory of premises liability. The claim is that the fraternity failed to keep its premises reasonably safe during a party at which alcohol was served.

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