Are there any exceptions to dram shop liability?
Yes, there are exceptions to dram shop liability in Washington. Dram shop liability is a legal concept that holds the seller of alcohol responsible when a patron they have served injures themselves or someone else due to intoxication. Generally, dram shop liability applies to any place licensed to sell or serve alcohol, like bars, restaurants, or other establishments. Retailers that sell alcohol, such as liquor stores, are usually not responsible. In some states, including Washington, there are three exceptions to dram shop liability: 1. A licensee or employee did not know that the patron was obviously intoxicated at the time alcohol was sold or served. 2. The patron of the establishment was 21 or older at the time the alcohol was sold. 3. The licensee or employee did not serve more than two drinks to the patron after the patron was obviously intoxicated. However, it is important to remember that these exceptions do not necessarily protect against other civil claims, such as negligence or wrongful death, that may be brought against the seller of alcohol. As such, it is always important for licensees to exercise extreme caution when serving alcohol to patrons.
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