Are there any common defenses to a liquor liability lawsuit?
Yes, there are several common defenses to a liquor liability lawsuit in California. The most commonly used defense is known as the "Dram Shop Act." This Act states that a business selling alcohol is not liable for any damages caused by a customer if the customer is not of legal drinking age, is intoxicated, or is known to be habitually drinking to excess. In addition to the Dram Shop Act, California courts also allow the "Reasonable Care" defense in liquor liability cases. This defense states that if a business can prove that it showed reasonable care in providing alcohol, it is not liable for any damages caused by the customer. Examples of reasonable care can include checking IDs to verify age, limiting the amount of alcohol a customer can purchase, and providing non-alcoholic beverages. Another common defense used in California is the "Safe Harbor" defense. This defense states that a business may not be held liable for damages caused by the customer if the customer was served responsibly and the business had no reason to believe that the customer was intoxicated. Finally, many California businesses use the "Assumption of Risk" defense in cases of liquor liability. This defense essentially states that the customer was aware of the risks involved with drinking and was aware of the consequences that could result from overconsumption. As such, the business cannot be held liable for any damages caused.
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