Are there any exceptions to dram shop liability?

In Pennsylvania, dram shop liability, also known as liquor liability law, is a type of civil law which holds liquor vendors responsible for injuries and other damages caused by customers who become intoxicated on their premises. While the majority of alcohol-related incidents are covered by dram shop liability, there are certain exceptions. The most common exception to dram shop liability is when the customer is legally of age to consume alcohol. In Pennsylvania, the legal drinking age is 21, so if the person that was served drinks was older than 21, the vendor may not be held liable for the incident that occurred. Pennsylvania also has a "guest statute," which states that a liquor vendor cannot be held liable for a patron’s behavior unless the vendor knew or should have known that the person was intoxicated. For example, if a vendor serves drinks to a customer and cannot tell that the customer is already intoxicated, they may be exempt from liability. One other important exception is when the vendor was not the legal source of liquor for the customer. If a customer brings in their own alcohol to the establishment, the vendor may not be held liable for their intoxicated behavior. The vendor also cannot be held liable if the patron obtains alcohol from a third party while on the premises. In summary, there are certain exceptions to dram shop liability in Pennsylvania. These exceptions include when the customer is legally of age, the vendor did not know or could not tell the customer was intoxicated, and when the vendor was not the source of liquor for the customer.

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