What is dramshop liability?

Dramshop liability is a type of liquor liability law in Pennsylvania. It holds businesses responsible for furnishing alcohol to individuals who are already intoxicated and later cause injury or damages due to their intoxication. If a business is found liable for a dramshop violation, the victim and/or their family may be able to pursue a civil lawsuit against the business. In Pennsylvania, the clientele that are most vulnerable to suffering harm from an intoxicated person are those that have visited a bar, restaurant, or other establishment that sells alcoholic beverages. The law states that these establishments were expected to exercise “reasonable care” when selling alcoholic beverages to patrons. A bar, for example, must not be negligent and serve alcohol to minors, or over-serve an already-intoxicated patron. If the establishment does fail to exercise reasonable care and an injury occurs, then the business can be held liable for dramshop violations. The punishments for violating Pennsylvania dramshop law include having to pay the victim and/or their family for medical bills, lost wages, pain/suffering, and property damage. The liable party can also be required to pay punitive damages, which are meant to punish the defendant and discourage future instances of negligence. It’s important for businesses in Pennsylvania that serve alcohol to take all the necessary steps in order to prevent dramshop violations and avoid liability. This includes thoroughly checking the identification of all customers that appear to be under the age of 30, and always making sure patrons are not over-served.

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