What is the Basis of Liability in a Dram Shop Law Claim?
Dram shop laws hold establishments like bars and restaurants responsible for serving alcohol to visibly intoxicated persons or minors who subsequently cause harm. These state-level laws aim to reduce alcohol-related accidents by enforcing accountable alcohol service. In Pennsylvania, liability under dram shop laws centers on serving alcohol to a person who is visibly intoxicated. Establishments can be held legally responsible if they provide alcohol to someone showing clear signs of intoxication, who then causes harm. Proving liability requires demonstrating that the patron was visibly intoxicated when served.
How is “Visible Intoxication” Defined in a Pennsylvania Dram Shop Law Case?
Visible intoxication is the key element of a dram shop liability claim in Pennsylvania. It refers to obvious signs of alcohol impairment that an ordinary observer could recognize. Examples include slurred speech, impaired coordination, aggressive behavior, and excessive emotions. Licensed establishments are expected to identify these signs and refrain from serving alcohol to such individuals. If a visibly intoxicated person is served and causes an accident, the establishment may be legally liable through a dram shop law claim.
Is Visible Intoxication Required for a Dram Shop Case if a Minor is Involved?
No. In the case of Matthews v. Konieczny, the Supreme Court of Pennsylvania ruled that visible intoxication is not required in a dram shop law claim involving a minor. The law strictly prohibits serving alcohol to individuals under 21, regardless of their appearance or behavior. Licensed establishments have a proactive responsibility to ensure they do not serve alcohol to underage individuals.
Are Social Hosts Liable for Serving a Visibly Intoxicated Person in Pennsylvania?
Dram shop law claims to target licensed commercial establishments, such as bars and restaurants, not individuals. However, there is a related cause of action called a social host liability claim. In Pennsylvania, social hosts are generally not liable for serving alcohol to visibly intoxicated persons in the same way that dram shops are. However, social hosts can be held liable if they knowingly or negligently serve alcohol to an underage person. These claims can be complex, and an experienced Philadelphia dram shop lawyer can provide guidance.
