Are there any defenses to a claim of negligence in a liquor liability claim?
Yes, there are several defenses to a claim of negligence in a liquor liability claim in Washington. One defense is known as contributory negligence. This defense states that the injured party must have had some level of culpability in the incident in question. For example, if an individual was injured after having too much to drink, this could be considered contributory negligence on their part and their claim could be denied. Another defense may be raised if the injury was caused by something other than the serving of alcohol. If an injury occurs due to a faulty product or because of poor upkeep of the premises, the owner of the establishment could use this as a defense against a claim. Washington also uses the defense of dram shop liability. This states that an establishment is not liable for the actions of an intoxicated individual if they could not have reasonably known the individual was intoxicated. Establishments such as restaurants and bars can benefit from this defense. Finally, the defense of assumption of risk can also be used against a claim of negligence in a liquor liability claim. If the individual in question was warned of the risks associated with consuming large amounts of alcohol, they may not be successful in their claim against the establishment. In Washington, these defenses can be used to protect against a potential claim of negligence in a liquor liability claim. Establishments and individuals should be aware of these defenses so they can protect themselves from such claims.
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