Are there any exceptions to dram shop liability?

Yes, there are several exceptions to dram shop liability law in California. This type of law holds a bar or other establishment liable for any property damage or injury caused by a patron when the establishment has served the patron alcohol. The first exception is the statute of limitations. In California, a dram shop liability claim must be filed within two years of the incident. If the claim is not filed within this allotted time, the claim may be denied. The second exception is the “safe harbor” defense. In California, a bar or restaurant that denies a minor access to alcohol or that refuses to serve a patron who is obviously intoxicated is deemed to be following the law and exempt from any liability. This defense can also be used if appropriate written policies are in place that ensure that minors are not served alcoholic beverages and that patrons who are obviously intoxicated are not served more alcohol. The third exception is “contribution.” In California, if the injured party contributed to the injury, then the bar can be held liable for only a portion of the damages and no more than the amount that was actually caused by the bar. Finally, the fourth exception is “last clear chance.” If the injured party had the last chance to avoid the injury, and failed to do so, then the dram shop rule may not apply. In these cases, the injured party is solely responsible for the injuries caused.

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Are there any exceptions to dram shop liability?

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