Dram Shop Law

In the past the only person that could be heldbe sued for damages.
liable for damages when a drunk driving crashIndividual States and Dram Laws
occurred was the intoxicated individual driving.Today there are currently 43 states (and
After the accident, the drunk driver could faceWashington D.C.) in the United States that have
criminal charges as well as subsequent civilenacted dram shop laws. These laws vary from
charges for damages, both physical and emotional.state to state, as does their actual enforcement.
But many states felt that the current law at theSome states use these laws to focus more on
time which only targeted the driver was notestablishments who serve alcohol to minors who
adequate enough to truly reduce the rates ofthen cause accidents. In some states, minors
drunk drivers. Legislators felt that more than oneeven have the right to sue the establishments
party should be responsible in certain cases ofthemse4lves for injuries sustained while
serious car accidents involving alcohol. As a result,intoxicated.
current dram shop laws were passed in a numberThe idea behind dram laws was to protect the
of states.general public at large from minors who are
"Dram shop" is a hold over term from colonialserved alcohol or adults who are served large
times when alcohol serving establishments (calledamounts. The enforcement and enactment of
shops) used units of liquid measurement calledmany of these laws was mainly driven by the
drams to serve alcohol. The earliest laws camenon-profit group Mothers Against Drunk Driving or
about in the 19th century in conjunction with theMADD.
temperance movement. Current dram shop lawsShop laws have experienced intense criticism
make it possible for bar owners and bar tendersfrom organizations and individuals advocating the
alike to be held financially liable in certain DUIrole of personal liability. Bar owners and
crashes. The law is such that if a bartender allowsbartenders have also argued that it is near to
someone to become grossly intoxicated at theirimpossible to accurately judge the extent of an
establishment and that individual leaves the barindividual's intoxication before they leave the bar.
and injures someone or causes property damageThey feel that any liability they have what drunk
with his or her vehicle, the bar and bar tender canpatrons do after they leave the bar is unjust.