Are there any defenses to a claim of negligence in a liquor liability claim?

Yes, there are defenses to a claim of negligence in a liquor liability claim in West Virginia. Generally, a defendant may argue that the plaintiff’s contributory negligence was the sole cause of the incident in question. This means that the plaintiff was responsible for his or her injuries due to their own negligent or reckless behavior. In West Virginia, a defendant can also raise the defense of assumption of risk. This defense can be used when the plaintiff willingly and knowingly assumed the risk of an injury in exchange for being able to use or participate in an activity with rejected use of safety devices or safeguards. Additionally, West Virginia law allows a defense of “visibly intoxicated.” This defense is used when the plaintiff was visibly intoxicated at the time the defendant served him or her alcohol. If this is the case, the defendant cannot be found liable if the plaintiff was visibly intoxicated at the time they were served. Finally, the defendant may also raise the defense of “limited licensee” in a liquor liability claim. This defense can be used when the defendant was deemed a limited licensee, such as in the case of a social host or a business that sold alcohol to customers who were not known to be intoxicated. Under this defense, the defendant may not be found liable if there is no evidence that they knowingly served a visibly intoxicated individual.

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Are there any defenses to a claim of negligence in a liquor liability claim?

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