Are there any exceptions to dram shop liability?

Yes, there are exceptions to dram shop liability in Montana. Dram shop liability is the legal responsibility a business has to people who are injured as a result of being served alcohol at the business. In Montana, the landlord of the business is not liable for any injuries caused by alcohol at the business, nor is an employee who serves alcohol, though they must be of legal age to do so. The business must also have the proper liquor license and follow all applicable laws. In Montana, there is also an ‘innocent seller’ exception, which can be used by businesses to limit their liability. This occurs when the business can show that there was no “proof of fault” in serving alcohol and that the person who was injured was not intoxicated when served. This exception can also apply to employees of the business, even if they served the alcohol that caused the injury. In addition, businesses can also limit their liability through a “warning sign” requirement. The warning sign must be prominently displayed and should indicate that the business is not responsible for any injuries caused by consuming alcohol on the premises. As long as this sign is displayed, or an employee reads it to the customer, the business could be protected from liability. Overall, while there are exceptions to dram shop liability, it is important for businesses in Montana to be aware of the laws that govern liquor liability and to make sure they are in compliance in order to protect themselves from liability.

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Are there any exceptions to dram shop liability?

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