Dram
shop" is a reference to colonial times when alcohol-serving
establishments (shops) used units of liquid measurement
called drams to serve alcohol.
Dram shop laws make it possible for bar
owners and alcohol servers to be held financially liable if a customer becomes obviously intoxicated on their
premises and subsequently injures someone or causes property
damage, typically by driving drunk.
So, if a person has several alcoholic drinks at a
restaurant or bar and is visibly intoxicated, and then gets
in a car and kills someone on the way home, the owner of the
serving establishment can be sued for damages.
The question that inevitably arises in court pertains to
how visibly drunk the patron was before he or she got in the
car. Would a reasonable person be able to tell that the
patron was obviously drunk?
From the liquor establishment's standpoint
the answer is typically, no. Unless the patron is falling
over tables or passed out at the bar, it's difficult to tell
if a person has consumed too much alcohol to avoid drunk
driving-unless, of course, the bartender counts how many
drinks the person has consumed and kept track of how much
time has passed since the first drink, and how much he or
she has eaten, and how large the customer is, etc. Right. |
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From the liquor establishment's standpoint
the answer is typically, no. Unless the patron is falling
over tables or passed out at the bar, it's difficult to tell
if a person has consumed too much alcohol to avoid drunk
driving-unless, of course, the bartender counts how many
drinks the person has consumed and kept track of how much
time has passed since the first drink, and how much he or
she has eaten, and how large the customer is, etc. Right.
If Alcohol Breath Tester is available on premise:
- The bar would reduce liability-with no added cost
since the machines are usually installed at no charge to
the bar and the patron pays the small fee for the alcohol
test.
- The bar's customers would avoid the tremendous costs
of drunk driving-both in lives and in dollars.
- The community would be safer.
There are currently 43 states (and Washington D.C. ) in
the US with dram shop laws and 8 states without them.
This will promote a safer drinking environment for everyone.
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States with
dram shop laws |
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kentucky
Maine
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
|
Montana
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Texas
Utah
Vermont
Washington
Washington D.C.
West Virginia
Wisconsin
Wyoming |
States without dram shop laws
Delaware
Kansas
Louisiana
Maryland
Nebraska
Nevada
South Dakota
Virginia |
