What are the common defenses against liquor liability claims?

In Washington state, liquor liability law is in place to protect people from harm caused by those who serve and sell alcoholic beverages. Those who are found at fault for causing harm as a result of serving alcohol could be liable for civil damages. Common defenses against liquor liability claims include proving that the individual was not served alcohol when they were underage, providing evidence that the person who was served was already under the influence of alcohol prior to being served, and demonstrating that the individual being served was already inebriated and asked to be served. Additionally, those who are defending against a negligence claim might argue that the harm was caused in part by the individual’s own fault or negligence. In Washington state, establishments that serve alcohol must also abide by the state’s Dram Shop Act. This act establishes that the establishment can be held liable for harm caused by an intoxicated person if the establishment sold or provided alcohol to someone who was underage or knew or should have known that the person being served was visibly intoxicated. Establishments can defend themselves against these claims by providing evidence that they followed proper protocol in serving alcohol, such as checking IDs and refusing service to those who were intoxicated or underage. Finally, if a person causes harm due to the negligent actions of another person, that other person may be liable for harm. In this case, the person responsible for the harm may be able to defend against liability claims with evidence that the other person was negligent in their actions or had a responsibility to act that they failed to meet.

What are the common defenses against liquor liability claims?

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