What are the common defenses against liquor liability claims?
When it comes to liquor liability law in California, there are several common defenses that people can use to protect themselves from a claim. The first is that the person served was not actually intoxicated when they were served. In California, the law states that businesses must not serve anyone who is visibly intoxicated. Therefore, if the person can prove that they were not intoxicated at the time of service, they may have a valid defense. Another common defense is that the person served was over the legal drinking age of 21. If the person was at least 21 years of age when they were served, then the business cannot be held liable for any potential damages caused by the person’s consumption of alcohol. Finally, another defense that can be used in California is that the business or person being sued did not deliberately cause or contribute to the incident in any way. This is an important defense to consider in cases where the business may not have actually served the person directly. In summary, there are several common defenses that can be used when it comes to liquor liability claims in California. These include proving that the person served was not intoxicated, that the person was of legal drinking age, and that the business or person being sued did not directly cause or contribute to the incident in any way.
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