The dram shop rule is an important legal concept in many states that affects liquor sellers and servers. It is one of the key laws governing the sale and consumption of alcohol. In its most basic form, the rule states that establishments that sell or serve alcohol can be held liable if their customers engage in behaviour related to the alcohol that harms other people.
Understanding the Liability Imposed by the Dram Shop Rule
To be held liable, the seller or server must have been negligent in some way — either failing to properly serve or sell alcohol, failing to ensure only persons of legal drinking age were served, or failing to prevent a visibly intoxicated person from ordering or consuming alcohol. The rule is intended to ensure that those responsible for providing alcohol are held accountable when customers misuse it.
The Impact of the Dram Shop Rule Today
The dram shop rule has become increasingly relevant in the modern world as society has debated how to best hold those supplying alcohol accountable. In the wake of the #MeToo movement, the rule is critical in limiting the potential incidence of sexual assault that can arise when alcohol is involved. And with the recent surge in the number of states legalizing marijuana, the dram shop rule is assuming even greater importance in ensuring establishments handling the drug are doing so responsibly.
Conclusion
As the rules for serving and selling alcohol shift and evolve, the dram shop rule continues to be an important legal protection for those affected by irresponsible drinking. For anyone serving or selling alcohol, understanding how the dram shop rule applies is essential to adhering to the law and avoiding costly liability.