What is the difference between criminal court and civil court when it comes to liquor liability claims?
The difference between criminal court and civil court when it comes to liquor liability claims in Pennsylvania has to do with the type of action being taken. Criminal court is when a person is being prosecuted for breaking a law, while civil court is when a person is pursuing a private claim against another party. In terms of liquor liability law, a person could be prosecuted in criminal court for violating the Liquor Code in Pennsylvania. This could mean selling alcohol to minors, operating an unlicensed liquor establishment, or selling alcohol outside of permitted hours. These violations are considered crimes and the consequences can include jail time or fines. In civil court, a person can pursue a private claim against a licensee or an establishment if they suffered injuries as a result of being served liquor at the establishment. This type of claim would be for monetary damages and is based on the “dram shop” law in Pennsylvania, which holds proprietors responsible for selling alcohol to persons who are either visibly intoxicated or underage. Ultimately, criminal court is for breaking the law, while civil court is for pursuing a private claim against another party. When it comes to claims related to Liquor Liability Law in Pennsylvania, the civil court is where a person can pursue damages for injuries suffered as a result of being served liquor at a licensed establishment.
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