dram shop – Bartender Alcohol Service Training

Social Host Liability and Superbowl Parties

Admin — Fri, 31 Jan 2020 05:05:00 +0000

Serving alcohol at a Super Bowl party? Be a responsible host. If you’re hosting a Super Bowl party at your home and planning to serve alcohol – take steps to limit your liquor liability and make sure you have the proper insurance.

Image Source: Shutterstock

Introduction to Social Host Liability

Social host liability is a legal term and area of law that deals with the liability of a person who supplies liquor to a guest. Under social host liability laws, the host shares any liability incurred as a result of actions by an intoxicated guest to whom he or she has served liquor. This law is similar to dram shop liability which applies to bars, taverns, liquor stores and other businesses that serve alcohol.

Alcohol Seller-Server Training - 10% OFF SALE

State Map

Employees who complete alcohol seller-server training are able to prevent sales to minors, recognize signs of intoxication, reduce liability, and effectively intervene in problem situations.
State-Approved Training
100% online - No Classroom Attendance
Download Certificate Upon Completion

Some states do not impose any liability on social hosts. Others limit liability to injuries that occur on the host’s premises. Some extend the host’s liability to injuries that occur anywhere a guest who has consumed alcohol goes. Many states have laws that pertain specifically to furnishing alcohol to minors.

Image Source: Shutterstock

Minors
Most states have these laws, which hold a host responsible for providing liquor to minors in any situation that results in injuries to the minor, or injuries that the minor causes to others due to alcohol intoxication.

Adults
Some states have stricter social host liability laws which go beyond underage drinking. These laws can hold you responsible for accidents caused by anyone allowed to drink to excess then injures themselves or a third party.

Liability
While a social host is not liable for injuries sustained by a drunken guest (as the guest is also negligent), the host can be held liable for harm to third parties, and even for passengers of the guest who have been injured in their car. There are circumstances under these laws where criminal charges may also apply.

Tips to Protect Yourself and Your Guests

Remember that a good host is a responsible host. If you plan to serve alcohol at a party, promote safe alcohol consumption and take these steps to reduce your social host liability exposure:

Make sure you understand your state laws. These laws vary widely from state to state (see chart). Some states do not impose any liability on social hosts. Others limit liability to injuries that occur on the host’s premises. Some extend the host’s liability to injuries that occur anywhere a guest who has consumed alcohol goes. Many states have laws that pertain specifically to furnishing alcohol to minors.
Consider venues other than your home for the party. Hosting your party at a restaurant or bar with a liquor license, rather than at your home, will help minimize liquor liability risks.
Limit your own alcohol intake as a responsible host/hostess, so that you will be better able to judge your guests’ sobriety.
Offer non-alcoholic beverages and always serve food. Eating and drinking plenty of water, or other non-alcoholic beverages, can help counter the effects of alcohol.
Stop serving liquor toward the end of the evening. Switch to coffee, tea and soft drinks.
Encourage guests to pick a designated driver who will refrain from drinking alcoholic beverages so that he or she can drive other guests home.
If guests drink too much or seem too tired to drive home, call a cab or rideshare service (Uber, Lyft, etc.) or have them sleep at your home.

Which states have Social Host Liability laws?

Source: National Conference of State Legislatures

Note: This chart should be used for general informational purposes and is not intended as a legal reference. If you have questions regarding social host or dram shop liability, please contact an attorney in your state or your state attorney general’s office.

State	Vendor Liability for Adults?	Vendor Liability for Minors?	Social Host Liability for Adults?	Social Host Liability for Minors?	Relevant Statutes/ Case Law
Alabama	Yes	Yes	No	Limited	§ 6-5-71, § 6-5-72
Alaska	Limited	Yes	No	No	§ 04.16.030; § 04.21.020(a); §04.21.080(a)(l).
Arizona	Yes	Yes	No	Yes	§§4-311; 4-301; 4-312(B)
Arkansas	Yes	Yes	No	No	§16-126-103; §16-126- 104;
California	No	Limited	No	No	BUS §25602; BUS §25602.1
Colorado	Yes	Yes	No	Yes	§§12-46-112.5; 12-47-128.5
Connecticut	Yes	Yes	No	Yes	§ 30-102
DC	Yes	Yes	No	No	Case Law
Delaware	No	No	No	No
Florida	Limited	Yes	No	No	§ 768.125
Georgia	Limited	Yes	Limited	Yes	§ 51-1-40(b)
Hawaii	No	Yes	No	Yes	Case Law
Idaho	Limited	Yes	Limited	Yes	§ 23-808
Illinois	Yes	Yes	No	Limited	§ 235 IILCS 5/6-21
Indiana	Yes	Yes	Yes	Yes	§ IC7.1-5-10-15.5
Iowa	Yes	Yes	No	Limited	§§ 123.92; 123.49(1)
Kansas	No	No	No	No
Kentucky	Yes	Yes	No	No	§ 413.241
Louisiana	No	Yes	No	No	§ 9:2008
Maine	Yes	Yes	Limited	Yes	28-A MRSA § 2501 et seq.
Maryland	No	No	No	No
Massachusetts	Yes	Yes	No	Limited	Case Law
Michigan	Limited	Yes	No	Yes	§ 436.1801(3) & (10)
Minnesota	Yes	Yes	No	Limited	§340A.801
Mississippi	Limited	Yes	No	Yes	§ 67-3-73 (2) & (4)
Missouri	Limited	Yes	No	No	§ 537.053
Montana	Limited	Yes	No	Yes	§ 27-1-710
Nebraska	No	No	No	No
Nevada	No	No	No	No	§ 41.1305
New Hampshire	Yes	Yes	Yes	Yes	§ 507-F:1 et seq.
New Jersey	Limited	Yes	Limited	Yes	§2A:22A-1 et seq.
New Mexico	Yes	Yes	Yes	Yes	§ 41-11-1
New York	Yes	Yes	No	Yes	§§ 11-100 & 11-101
North Carolina	Limited	Yes	Limited	Limited	§§ 18B-120 et seq.
North Dakota	Yes	Yes	Yes	Yes	§ 5-01-06.1
Ohio	Yes	Yes	No	Yes	§§ 4399.01, 4399.02, & 4388.18
Oklahoma	No	Yes	No	No	Case Law
Oregon	Yes	Yes	Limited	Yes	471.565(2); §471.567
Pennsylvania	Limited	Limited	No	Yes	47 § 4-497
Rhode Island	Yes	Yes	No	No	§3-14-6; §3-14-7.
South Carolina	No	Yes	No	Limited	Case Law
South Dakota	No	No	No	No	§§ 35-4-78, 35-11-1, & 35-11-2
Tennessee	Limited	Yes	No	No	§57 10 101; §57 10 102; Case Law
Texas	Limited	Limited	No	Limited	§2.01 et seq
Utah	Limited	Limited	No	Yes	§ 32A-14-101
Vermont	Yes	Yes	No	Yes	7 § 501
Virginia	No	No	No	No
Washington	No	Yes	No	Yes	§66.44.200; Case Law
West Virginia	Yes	Yes	No	No	§ 55-7-9
Wisconsin	No	Yes	No	Yes	§ 125.035, Case Law
Wyoming	Limited	Yes	No	Yes	§ 12-8-301

Additional Resources:

Social Host Liability for Football Watch Parties

Admin — Fri, 17 Jan 2020 07:18:59 +0000

Hosting a football watch party and serving alcohol? Be a responsible host. If you’re hosting a party at your home and planning to serve alcohol – take steps to limit your liquor liability and make sure you have the proper insurance.

Image Source: Shutterstock

Introduction to Social Host Liability

Alcohol Seller-Server Training - 10% OFF SALE

State Map

Employees who complete alcohol seller-server training are able to prevent sales to minors, recognize signs of intoxication, reduce liability, and effectively intervene in problem situations.
State-Approved Training
100% online - No Classroom Attendance
Download Certificate Upon Completion

Image Source: Shutterstock

Tips to Protect Yourself and Your Guests

Remember that a good host is a responsible host. If you plan to serve alcohol at a party, promote safe alcohol consumption and take these steps to reduce your social host liability exposure:

Make sure you understand your state laws. These laws vary widely from state to state (see chart). Some states do not impose any liability on social hosts. Others limit liability to injuries that occur on the host’s premises. Some extend the host’s liability to injuries that occur anywhere a guest who has consumed alcohol goes. Many states have laws that pertain specifically to furnishing alcohol to minors.
Consider venues other than your home for the party. Hosting your party at a restaurant or bar with a liquor license, rather than at your home, will help minimize liquor liability risks.
Limit your own alcohol intake as a responsible host/hostess, so that you will be better able to judge your guests’ sobriety.
Offer non-alcoholic beverages and always serve food. Eating and drinking plenty of water, or other non-alcoholic beverages, can help counter the effects of alcohol.
Stop serving liquor toward the end of the evening. Switch to coffee, tea and soft drinks.
Encourage guests to pick a designated driver who will refrain from drinking alcoholic beverages so that he or she can drive other guests home.
If guests drink too much or seem too tired to drive home, call a cab or rideshare service (Uber, Lyft, etc.) or have them sleep at your home.

Image Source: Shutterstock

Which states have Social Host Liability laws?

Source: National Conference of State Legislatures

State	Vendor Liability for Adults?	Vendor Liability for Minors?	Social Host Liability for Adults?	Social Host Liability for Minors?	Relevant Statutes/ Case Law
Alabama	Yes	Yes	No	Limited	§ 6-5-71, § 6-5-72
Alaska	Limited	Yes	No	No	§ 04.16.030; § 04.21.020(a); §04.21.080(a)(l).
Arizona	Yes	Yes	No	Yes	§§4-311; 4-301; 4-312(B)
Arkansas	Yes	Yes	No	No	§16-126-103; §16-126- 104;
California	No	Limited	No	No	BUS §25602; BUS §25602.1
Colorado	Yes	Yes	No	Yes	§§12-46-112.5; 12-47-128.5
Connecticut	Yes	Yes	No	Yes	§ 30-102
DC	Yes	Yes	No	No	Case Law
Delaware	No	No	No	No
Florida	Limited	Yes	No	No	§ 768.125
Georgia	Limited	Yes	Limited	Yes	§ 51-1-40(b)
Hawaii	No	Yes	No	Yes	Case Law
Idaho	Limited	Yes	Limited	Yes	§ 23-808
Illinois	Yes	Yes	No	Limited	§ 235 IILCS 5/6-21
Indiana	Yes	Yes	Yes	Yes	§ IC7.1-5-10-15.5
Iowa	Yes	Yes	No	Limited	§§ 123.92; 123.49(1)
Kansas	No	No	No	No
Kentucky	Yes	Yes	No	No	§ 413.241
Louisiana	No	Yes	No	No	§ 9:2008
Maine	Yes	Yes	Limited	Yes	28-A MRSA § 2501 et seq.
Maryland	No	No	No	No
Massachusetts	Yes	Yes	No	Limited	Case Law
Michigan	Limited	Yes	No	Yes	§ 436.1801(3) & (10)
Minnesota	Yes	Yes	No	Limited	§340A.801
Mississippi	Limited	Yes	No	Yes	§ 67-3-73 (2) & (4)
Missouri	Limited	Yes	No	No	§ 537.053
Montana	Limited	Yes	No	Yes	§ 27-1-710
Nebraska	No	No	No	No
Nevada	No	No	No	No	§ 41.1305
New Hampshire	Yes	Yes	Yes	Yes	§ 507-F:1 et seq.
New Jersey	Limited	Yes	Limited	Yes	§2A:22A-1 et seq.
New Mexico	Yes	Yes	Yes	Yes	§ 41-11-1
New York	Yes	Yes	No	Yes	§§ 11-100 & 11-101
North Carolina	Limited	Yes	Limited	Limited	§§ 18B-120 et seq.
North Dakota	Yes	Yes	Yes	Yes	§ 5-01-06.1
Ohio	Yes	Yes	No	Yes	§§ 4399.01, 4399.02, & 4388.18
Oklahoma	No	Yes	No	No	Case Law
Oregon	Yes	Yes	Limited	Yes	471.565(2); §471.567
Pennsylvania	Limited	Limited	No	Yes	47 § 4-497
Rhode Island	Yes	Yes	No	No	§3-14-6; §3-14-7.
South Carolina	No	Yes	No	Limited	Case Law
South Dakota	No	No	No	No	§§ 35-4-78, 35-11-1, & 35-11-2
Tennessee	Limited	Yes	No	No	§57 10 101; §57 10 102; Case Law
Texas	Limited	Limited	No	Limited	§2.01 et seq
Utah	Limited	Limited	No	Yes	§ 32A-14-101
Vermont	Yes	Yes	No	Yes	7 § 501
Virginia	No	No	No	No
Washington	No	Yes	No	Yes	§66.44.200; Case Law
West Virginia	Yes	Yes	No	No	§ 55-7-9
Wisconsin	No	Yes	No	Yes	§ 125.035, Case Law
Wyoming	Limited	Yes	No	Yes	§ 12-8-301

Additional Resources:

Social Host Liability for Holiday Parties

Admin — Mon, 23 Dec 2019 06:24:43 +0000

Alcohol is a frequent part of most holiday events, and even people who are typically non-drinkers, often have a glass of something as part of the festivities. Before you celebrate – plan ahead.

If you’re hosting a party at your home and planning to serve alcohol, be responsible, take steps to limit your liquor liability and make sure you have the proper insurance.

Likewise, if you’re attending an office holiday party, keep in mind that it’s still a work event and avoid drinking too much.

Image Source: Shutterstock

Introduction to Social Host Liability

Alcohol Seller-Server Training - 10% OFF SALE

State Map

Employees who complete alcohol seller-server training are able to prevent sales to minors, recognize signs of intoxication, reduce liability, and effectively intervene in problem situations.
State-Approved Training
100% online - No Classroom Attendance
Download Certificate Upon Completion

Image Source: Shutterstock

Tips to Protect Yourself and Your Guests

Remember that a good host is a responsible host. If you plan to serve alcohol at a party, promote safe alcohol consumption and take these steps to reduce your social host liability exposure:

Make sure you understand your state laws. These laws vary widely from state to state (see chart). Some states do not impose any liability on social hosts. Others limit liability to injuries that occur on the host’s premises. Some extend the host’s liability to injuries that occur anywhere a guest who has consumed alcohol goes. Many states have laws that pertain specifically to furnishing alcohol to minors.
Consider venues other than your home for the party. Hosting your party at a restaurant or bar with a liquor license, rather than at your home, will help minimize liquor liability risks.
Limit your own alcohol intake as a responsible host/hostess, so that you will be better able to judge your guests’ sobriety.
Offer non-alcoholic beverages and always serve food. Eating and drinking plenty of water, or other non-alcoholic beverages, can help counter the effects of alcohol.
Stop serving liquor toward the end of the evening. Switch to coffee, tea and soft drinks.
Encourage guests to pick a designated driver who will refrain from drinking alcoholic beverages so that he or she can drive other guests home.
If guests drink too much or seem too tired to drive home, call a cab or rideshare service (Uber, Lyft, etc.) or have them sleep at your home.

Image Source: Shutterstock

Which states have Social Host Liability laws?

Source: National Conference of State Legislatures

State	Vendor Liability for Adults?	Vendor Liability for Minors?	Social Host Liability for Adults?	Social Host Liability for Minors?	Relevant Statutes/ Case Law
Alabama	Yes	Yes	No	Limited	§ 6-5-71, § 6-5-72
Alaska	Limited	Yes	No	No	§ 04.16.030; § 04.21.020(a); §04.21.080(a)(l).
Arizona	Yes	Yes	No	Yes	§§4-311; 4-301; 4-312(B)
Arkansas	Yes	Yes	No	No	§16-126-103; §16-126- 104;
California	No	Limited	No	No	BUS §25602; BUS §25602.1
Colorado	Yes	Yes	No	Yes	§§12-46-112.5; 12-47-128.5
Connecticut	Yes	Yes	No	Yes	§ 30-102
DC	Yes	Yes	No	No	Case Law
Delaware	No	No	No	No
Florida	Limited	Yes	No	No	§ 768.125
Georgia	Limited	Yes	Limited	Yes	§ 51-1-40(b)
Hawaii	No	Yes	No	Yes	Case Law
Idaho	Limited	Yes	Limited	Yes	§ 23-808
Illinois	Yes	Yes	No	Limited	§ 235 IILCS 5/6-21
Indiana	Yes	Yes	Yes	Yes	§ IC7.1-5-10-15.5
Iowa	Yes	Yes	No	Limited	§§ 123.92; 123.49(1)
Kansas	No	No	No	No
Kentucky	Yes	Yes	No	No	§ 413.241
Louisiana	No	Yes	No	No	§ 9:2008
Maine	Yes	Yes	Limited	Yes	28-A MRSA § 2501 et seq.
Maryland	No	No	No	No
Massachusetts	Yes	Yes	No	Limited	Case Law
Michigan	Limited	Yes	No	Yes	§ 436.1801(3) & (10)
Minnesota	Yes	Yes	No	Limited	§340A.801
Mississippi	Limited	Yes	No	Yes	§ 67-3-73 (2) & (4)
Missouri	Limited	Yes	No	No	§ 537.053
Montana	Limited	Yes	No	Yes	§ 27-1-710
Nebraska	No	No	No	No
Nevada	No	No	No	No	§ 41.1305
New Hampshire	Yes	Yes	Yes	Yes	§ 507-F:1 et seq.
New Jersey	Limited	Yes	Limited	Yes	§2A:22A-1 et seq.
New Mexico	Yes	Yes	Yes	Yes	§ 41-11-1
New York	Yes	Yes	No	Yes	§§ 11-100 & 11-101
North Carolina	Limited	Yes	Limited	Limited	§§ 18B-120 et seq.
North Dakota	Yes	Yes	Yes	Yes	§ 5-01-06.1
Ohio	Yes	Yes	No	Yes	§§ 4399.01, 4399.02, & 4388.18
Oklahoma	No	Yes	No	No	Case Law
Oregon	Yes	Yes	Limited	Yes	471.565(2); §471.567
Pennsylvania	Limited	Limited	No	Yes	47 § 4-497
Rhode Island	Yes	Yes	No	No	§3-14-6; §3-14-7.
South Carolina	No	Yes	No	Limited	Case Law
South Dakota	No	No	No	No	§§ 35-4-78, 35-11-1, & 35-11-2
Tennessee	Limited	Yes	No	No	§57 10 101; §57 10 102; Case Law
Texas	Limited	Limited	No	Limited	§2.01 et seq
Utah	Limited	Limited	No	Yes	§ 32A-14-101
Vermont	Yes	Yes	No	Yes	7 § 501
Virginia	No	No	No	No
Washington	No	Yes	No	Yes	§66.44.200; Case Law
West Virginia	Yes	Yes	No	No	§ 55-7-9
Wisconsin	No	Yes	No	Yes	§ 125.035, Case Law
Wyoming	Limited	Yes	No	Yes	§ 12-8-301

Additional Alcohol Liability Resources

Can an establishment be sued for over-serving liquor?

Admin — Thu, 06 Jun 2019 08:05:00 +0000

Understanding dram shop laws and your liability are important if you own or work in an establishment that serves alcohol.

Under dram shop laws, an establishment that serves alcohol to someone after he or she is visibly intoxicated can be held liable for the damage the drunk person causes — where, for example, he or she drives drunk and hurts someone.

Image Source: Shutterstock

Introduction to Dram Shop & Social Host Liability

A dram shop (or dramshop) is a bar, tavern or similar commercial establishment where alcoholic beverages are sold.

Dram shop law, also called dram shop liability, is a way to prevent an establishment that makes a profit from selling liquor by putting profit over public’ safety.

Dram shop liability refers to the body of law governing the liability of taverns, liquor stores, and other commercial establishments that serve alcoholic beverages.

In simple terms, dram shop laws hold retail establishments liable for damages caused by serving alcohol to an obviously intoxicated patron – and in some cases – the owner of a bar, restaurant, tavern or other establishment can be sued if an intoxicated patron causes a car accident.

The majority of states allow for recovery when the defendant knew (or should have known) the customer was intoxicated. Some states have attempted to address this problem through more exacting tests. Many states impose liability on social hosts as well as commercial establishments. This related area of the law is known as social host liability.

Alcohol Seller-Server Training - 10% OFF SALE

State Map

Employees who complete alcohol seller-server training are able to prevent sales to minors, recognize signs of intoxication, reduce liability, and effectively intervene in problem situations.
State-Approved Training
100% online - No Classroom Attendance
Download Certificate Upon Completion

Effects of Dram Shop Laws

According to MADD (Mother Against Drunk Driving), the effects are dram shop laws are:

Dram shop liability laws reduce alcohol-related crashes.
Dram shop laws increase publicity of the impacts of over-serving.
Dram shop laws decrease excessive and illegal consumption.
Dram shop laws do not decrease personal responsibility.

Intent of Dram Shop Laws

The intent of dram shop laws is to encourage bar owners to train employees to recognize when this point has been reached by a patron, and cut off any further service or sale of alcohol.

When this guideline is ignored, it becomes much more likely that a patron will leave the bar and cause some kind of harm to himself and/or others by causing an auto accident.

It might also be that the patron becomes belligerent with excess alcohol and engages in a fistfight with other customers at the bar. Both types of behavior are clearly unacceptable.

Image Source: Shutterstock

Which states have Dram Shop laws?

Dram shop laws vary from state to state, but 43 states enacted dram shop laws in some form in response to the large number of DUIs that cause catastrophic injuries or wrongful deaths. These laws allow some degree of liability against drinking establishments who allow visibly intoxicated patrons to drive away.

Dram Shop Laws by State – National Conference of State Legislatures

States that do not have dram shop laws include: Virginia, South Dakota, Nevada, and Maryland.
California has enacted a law specifically prohibiting civil liability of people, bars, and alcohol retailers that serve alcoholic beverages to those that subsequently cause injury or death to others.

State	Vendor Liability Adults?	Vendor Liability Minors?	Relevant Statutes/ Case Law
Alabama	Yes	Yes	§ 6-5-71, § 6-5-72
Alaska	Limited	Yes	§ 04.16.030; § 04.21.020(a); §04.21.080(a)(l).
Arizona	Yes	Yes	§§4-311; 4-301; 4-312(B)
Arkansas	Yes	Yes	§16-126-103; §16-126- 104;
California	No	Limited	BUS §25602; BUS §25602.1
Colorado	Yes	Yes	§§12-46-112.5; 12-47-128.5
Connecticut	Yes	Yes	§ 30-102
DC	Yes	Yes	Case Law
Delaware	No	No
Florida	Limited	Yes	§ 768.125
Georgia	Limited	Yes	§ 51-1-40(b)
Hawaii	No	Yes	Case Law
Idaho	Limited	Yes	§ 23-808
Illinois	Yes	Yes	§ 235 IILCS 5/6-21
Indiana	Yes	Yes	§ IC7.1-5-10-15.5
Iowa	Yes	Yes	§§ 123.92; 123.49(1)
Kansas	No	No
Kentucky	Yes	Yes	§ 413.241
Louisiana	No	Yes	§ 9:2008
Maine	Yes	Yes	28-A MRSA § 2501 et seq.
Maryland	No	No
Massachusetts	Yes	Yes	Case Law
Michigan	Limited	Yes	§ 436.1801(3) & (10)
Minnesota	Yes	Yes	§340A.801
Mississippi	Limited	Yes	§ 67-3-73 (2) & (4)
Missouri	Limited	Yes	§ 537.053
Montana	Limited	Yes	§ 27-1-710
Nebraska	No	No
Nevada	No	No	§ 41.1305
New Hampshire	Yes	Yes	§ 507-F:1 et seq.
New Jersey	Limited	Yes	§2A:22A-1 et seq.
New Mexico	Yes	Yes	§ 41-11-1
New York	Yes	Yes	§§ 11-100 & 11-101
North Carolina	Limited	Yes	§§ 18B-120 et seq.
North Dakota	Yes	Yes	§ 5-01-06.1
Ohio	Yes	Yes	§§ 4399.01, 4399.02, & 4388.18
Oklahoma	No	Yes	Case Law
Oregon	Yes	Yes	471.565(2); §471.567
Pennsylvania	Limited	Limited	47 § 4-497
Rhode Island	Yes	Yes	§3-14-6; §3-14-7.
South Carolina	No	Yes	Case Law
South Dakota	No	No	§§ 35-4-78, 35-11-1, & 35-11-2
Tennessee	Limited	Yes	§57 10 101; §57 10 102; Case Law
Texas	Limited	Limited	§2.01 et seq
Utah	Limited	Limited	§ 32A-14-101
Vermont	Yes	Yes	7 § 501
Virginia	No	No
Washington	No	Yes	§66.44.200; Case Law
West Virginia	Yes	Yes	§ 55-7-9
Wisconsin	No	Yes	§ 125.035, Case Law
Wyoming	Limited	Yes	§ 12-8-301

Safe Harbor & Liability Mitigation

Alcohol Seller-Server training can mitigate liability during a lawsuit involving intoxication by providing evidence of intent on the part of the establishment that serves and sells alcoholic beverages. This defense is called a “reasonable efforts defense” or “Safe Harbor”.

Although the “Safe Harbor” defense exists to protect employers, it is key that employers are both aware of and involved in the activities taking place in their particular establishment to avail themselves of this protection. Therefore, in order to attempt to stay within and be able to rely upon the “Safe Harbor” defense, providers of alcohol should, at a minimum:

- Require employee training with an approved training course.
- Confirm that employees have attended training and are re-certified as required.
- Maintain documentation of training of each employee who serves alcohol.
- Maintain written policies against the over-service of alcohol and develop procedures intended to prevent such over-service from occurring.
- Ensure compliance with the written policies and procedures that are put in place.
- Discipline those employees who violate the policies, up to and including termination.

Additional Resources:

Social Host Liability and March Madness Parties

Admin — Fri, 22 Mar 2019 12:52:00 +0000

Hosting a March Madness party and serving alcohol? Be a responsible host. If you’re hosting a party at your home and planning to serve alcohol – take steps to limit your liquor liability and make sure you have the proper insurance.

Image Source: Shutterstock

Introduction to Social Host Liability

Alcohol Seller-Server Training - 10% OFF SALE

State Map

Employees who complete alcohol seller-server training are able to prevent sales to minors, recognize signs of intoxication, reduce liability, and effectively intervene in problem situations.
State-Approved Training
100% online - No Classroom Attendance
Download Certificate Upon Completion

Image Source: Shutterstock

Tips to Protect Yourself and Your Guests

Remember that a good host is a responsible host. If you plan to serve alcohol at a party, promote safe alcohol consumption and take these steps to reduce your social host liability exposure:

Make sure you understand your state laws. These laws vary widely from state to state (see chart). Some states do not impose any liability on social hosts. Others limit liability to injuries that occur on the host’s premises. Some extend the host’s liability to injuries that occur anywhere a guest who has consumed alcohol goes. Many states have laws that pertain specifically to furnishing alcohol to minors.
Consider venues other than your home for the party. Hosting your party at a restaurant or bar with a liquor license, rather than at your home, will help minimize liquor liability risks.
Limit your own alcohol intake as a responsible host/hostess, so that you will be better able to judge your guests’ sobriety.
Offer non-alcoholic beverages and always serve food. Eating and drinking plenty of water, or other non-alcoholic beverages, can help counter the effects of alcohol.
Stop serving liquor toward the end of the evening. Switch to coffee, tea and soft drinks.
Encourage guests to pick a designated driver who will refrain from drinking alcoholic beverages so that he or she can drive other guests home.
If guests drink too much or seem too tired to drive home, call a cab or rideshare service (Uber, Lyft, etc.) or have them sleep at your home.

Image Source: Shutterstock

Which states have Social Host Liability laws?

Source: National Conference of State Legislatures

State	Vendor Liability for Adults?	Vendor Liability for Minors?	Social Host Liability for Adults?	Social Host Liability for Minors?	Relevant Statutes/ Case Law
Alabama	Yes	Yes	No	Limited	§ 6-5-71, § 6-5-72
Alaska	Limited	Yes	No	No	§ 04.16.030; § 04.21.020(a); §04.21.080(a)(l).
Arizona	Yes	Yes	No	Yes	§§4-311; 4-301; 4-312(B)
Arkansas	Yes	Yes	No	No	§16-126-103; §16-126- 104;
California	No	Limited	No	No	BUS §25602; BUS §25602.1
Colorado	Yes	Yes	No	Yes	§§12-46-112.5; 12-47-128.5
Connecticut	Yes	Yes	No	Yes	§ 30-102
DC	Yes	Yes	No	No	Case Law
Delaware	No	No	No	No
Florida	Limited	Yes	No	No	§ 768.125
Georgia	Limited	Yes	Limited	Yes	§ 51-1-40(b)
Hawaii	No	Yes	No	Yes	Case Law
Idaho	Limited	Yes	Limited	Yes	§ 23-808
Illinois	Yes	Yes	No	Limited	§ 235 IILCS 5/6-21
Indiana	Yes	Yes	Yes	Yes	§ IC7.1-5-10-15.5
Iowa	Yes	Yes	No	Limited	§§ 123.92; 123.49(1)
Kansas	No	No	No	No
Kentucky	Yes	Yes	No	No	§ 413.241
Louisiana	No	Yes	No	No	§ 9:2008
Maine	Yes	Yes	Limited	Yes	28-A MRSA § 2501 et seq.
Maryland	No	No	No	No
Massachusetts	Yes	Yes	No	Limited	Case Law
Michigan	Limited	Yes	No	Yes	§ 436.1801(3) & (10)
Minnesota	Yes	Yes	No	Limited	§340A.801
Mississippi	Limited	Yes	No	Yes	§ 67-3-73 (2) & (4)
Missouri	Limited	Yes	No	No	§ 537.053
Montana	Limited	Yes	No	Yes	§ 27-1-710
Nebraska	No	No	No	No
Nevada	No	No	No	No	§ 41.1305
New Hampshire	Yes	Yes	Yes	Yes	§ 507-F:1 et seq.
New Jersey	Limited	Yes	Limited	Yes	§2A:22A-1 et seq.
New Mexico	Yes	Yes	Yes	Yes	§ 41-11-1
New York	Yes	Yes	No	Yes	§§ 11-100 & 11-101
North Carolina	Limited	Yes	Limited	Limited	§§ 18B-120 et seq.
North Dakota	Yes	Yes	Yes	Yes	§ 5-01-06.1
Ohio	Yes	Yes	No	Yes	§§ 4399.01, 4399.02, & 4388.18
Oklahoma	No	Yes	No	No	Case Law
Oregon	Yes	Yes	Limited	Yes	471.565(2); §471.567
Pennsylvania	Limited	Limited	No	Yes	47 § 4-497
Rhode Island	Yes	Yes	No	No	§3-14-6; §3-14-7.
South Carolina	No	Yes	No	Limited	Case Law
South Dakota	No	No	No	No	§§ 35-4-78, 35-11-1, & 35-11-2
Tennessee	Limited	Yes	No	No	§57 10 101; §57 10 102; Case Law
Texas	Limited	Limited	No	Limited	§2.01 et seq
Utah	Limited	Limited	No	Yes	§ 32A-14-101
Vermont	Yes	Yes	No	Yes	7 § 501
Virginia	No	No	No	No
Washington	No	Yes	No	Yes	§66.44.200; Case Law
West Virginia	Yes	Yes	No	No	§ 55-7-9
Wisconsin	No	Yes	No	Yes	§ 125.035, Case Law
Wyoming	Limited	Yes	No	Yes	§ 12-8-301

Additional Resources:

Dram Shop Laws – What Alcohol Servers Need to Know

Admin — Tue, 08 Jan 2019 11:05:00 +0000

A dram shop (or dramshop) is a bar, tavern or similar commercial establishment where alcoholic beverages are sold.

Dram shop liability refers to the body of law governing the liability of taverns, liquor stores, and other commercial establishments that serve alcoholic beverages.

Under dram shop laws, businesses that sell alcohol can face civil liability for injuries that their intoxicated patrons inflict on third parties – even after those patrons have left their premises, and (in some states) even when the injury caused is intentional.

Within the U.S., laws that impose potential liability upon businesses that sell alcohol for injuries caused by their patrons are usually called dram shop laws or dram shop acts.

Image Source: Shutterstock

What are Dram Shop laws?

Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third parties (those not having a relationship to the business that sold the alcohol) as a result of alcohol-related car crashes and other accidents.

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Intent of Dram Shop Laws

The intent of dram shop laws is to encourage bar owners to train employees to recognize when this point has been reached by a patron, and cut off any further service or sale of alcohol.

When this guideline is ignored, it becomes much more likely that a patron will leave the bar and cause some kind of harm to himself and/or others by causing an auto accident.

It might also be that the patron becomes belligerent with excess alcohol and engages in a fistfight with other customers at the bar. Both types of behavior are clearly unacceptable.

Image Source: Shutterstock

Which states have Dram Shop laws?

States that do not have dram shop laws include Virginia, South Dakota, Nevada, and Maryland.

California has enacted a law specifically prohibiting civil liability of people, bars, and alcohol retailers that serve alcoholic beverages to those that subsequently cause injury or death to others.

Safe Harbor & Liability Mitigation

- Require employee training with an approved training course.
- Confirm that employees have attended training and are re-certified as required.
- Maintain documentation of training of each employee who serves alcohol.
- Maintain written policies against the over-service of alcohol and develop procedures intended to prevent such over-service from occurring.
- Ensure compliance with the written policies and procedures that are put in place.
- Discipline those employees who violate the policies, up to and including termination.

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