What are the common defenses against liquor liability claims?

In Pennsylvania, liquor liability law makes establishments selling or serving alcohol responsible for the actions of intoxicated customers. As a result, there are several common defenses against liquor liability claims for businesses. The most common defense is that the establishment took reasonable steps to prevent the customer from becoming intoxicated. For example, if the establishment carded a customer, refused to serve them additional drinks, or cut them off when they were obviously intoxicated then this could be used as a defense. Another common defense is that the customer voluntarily assumed the risk of being served alcohol. This is often seen in cases where customers agree to sign a waiver or legal document stating they assume the risks of being served alcohol. Additionally, it can be argued that the customer was already intoxicated when they arrived on the premises or that the customer was the aggressor in an altercation where they were injured. This defense is often used in cases where a customer was injured in a fight or altercation due to being over-served. Finally, it can also be argued that there was no connection between the customer being served alcohol and their injury or damages. This is often seen in cases when a customer leaves the premises of an establishment and is involved in an automobile accident. The argument is that the accident was not caused by the establishment serving the customer alcohol. Each case involving liquor liability law is unique and defendants should consult an experienced attorney to help build the best defense for their situation.

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What are the common defenses against liquor liability claims?

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