In this series, we’ll be discussing what dramshop is and what you need to know about the laws in your state.
A cause of action may be brought by or on behalf of any person who has suffered personal injury or death against any person licensed to sell intoxicating liquor by the drink for consumption on the premises when
it is proven by clear and convincing evidence that the seller knew or should have known that intoxicating liquor was served to a person under the age of twenty-one years or knowingly served intoxicating liquor to a visibly intoxicated person.
Furnishing a person with an alcoholic beverage is not a cause of, or grounds for finding the furnishing person or entity liable for, injury or damage wholly or partly arising from an event involving the person who consumed the beverage unless:
- the consumer was under the legal drinking age and the furnishing person knew that the consumer was underage or did not make a reasonable attempt to determine the consumer's age;
- the consumer was visibly intoxicated; or
- the furnishing person forced or coerced the consumption or told the consumer that the beverage contained no alcohol.
A person who serves, sells or otherwise furnishes an alcoholic beverage to another person who is 21 years of age or older is not liable in a civil action for any damages caused by the person to whom the alcoholic beverage was served, sold, or furnished as a result of the consumption of the alcoholic beverage.
Except as otherwise provided in this section, a person who:
- knowingly serves, sells, or otherwise furnishes an alcoholic beverage to an underage person; or
- knowingly allows an underage person to consume an alcoholic beverage on-premises or in a conveyance belonging to the person or over which the person has control,
is liable in a civil action for any damages caused by the underage person as a result of the consumption of the alcoholic beverage.
A defendant who negligently serves alcoholic beverages to a minor or to an intoxicated person is liable for resulting damages.
This act shall be the exclusive civil remedy for personal injury or property damage resulting from the negligent service of alcoholic beverages by a licensed alcoholic beverage server. Nothing contained herein shall be deemed to limit the criminal, quasi-criminal, or regulatory penalties which may be imposed upon a licensed alcoholic beverage server by any other statute, rule, or regulation.
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Learn more about Dramshop laws in other states: