Are any bars or restaurants immune from liquor liability lawsuits?
No bars or restaurants in West Virginia are immune from liquor liability lawsuits. According to the West Virginia State Code, any person, corporation, or other entity that manufactures, sells, or serves alcoholic beverages can be held liable for certain damages caused as a result of the sale or service of these beverages. This type of liability is referred to as “dram shop liability.” The state of West Virginia imposes a “Dram Shop Statute” which states that any person or entity who manufactures, sells, or services alcohol can be held liable for any damages that are caused by another person in connection with the sale or service of alcoholic beverages. In addition, any person who willfully and knowingly furnishes alcohol to a person who is already in a state of intoxication can be held liable for damages that are related to the person’s intoxication. West Virginia also imposes a strict “social host” law which holds any person or entity responsible for any damages that arise from providing alcohol to any person under the age of 21. In addition, any public establishment that serves or sells alcoholic beverages must have a valid liquor license in order to do so legally. In summary, due to the liability associated with serving or selling alcoholic beverages, no bars or restaurants in West Virginia are immune from liquor liability lawsuits. The state of West Virginia holds all persons, corporations, or other entities who manufacture, sell, or serve alcoholic beverages liable for any damages that arise as a result of their sale or service. If they are found to be in violation of the state’s liquor laws or are found to have served alcohol to an intoxicated person, they can be held liable for damages.
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