Social Host Liability For Drunk Drivers

Massachusetts Dram Shop Liability Law

Boston / Brockton Drunk Driver Accident Lawyers

Social Host Liability For Drunk DriversIn Massachusetts law, a “dram shop” is any establishment that sells alcoholic beverages—a broad category that includes bars, restaurants, sports arenas, social clubs and liquor stores.

The liability at issue here is when the bar, restaurant, nightclub, etc. continues serving alcoholic beverages to an already clearly inebriated customer, who then goes on to be involved in a drunk-driving accident or a brawl inside or outside the establishment resulting in injury. (Of course, restaurants and bars can incur other types of liability common to retail establishments, such as slips and falls, but these have nothing to do with the consumption or serving of alcohol.)

Until recently, one of the main impediments to filing a dram-shop liability lawsuit (if you were injured in an accident or incident caused by an inebriated patron) was that dram shops were not required to carry liquor liability insurance. That all changed in 2010, when a new law was signed in Massachusetts requiring bars, restaurants and other dram shops to show proof of liquor liability insurance before they could obtain a liquor license.

Liquor liability insurance policies pay a minimum of $250,000 for injury or death to one person, or a minimum of $500,000 for more than one person killed or injured in the same incident.

Massachusetts Liquor Liability or Dram Shop Laws don’t just apply to situations involving drunk driving accidents. Any business that serves alcohol may also be held liable if they over-serve a patron and that patron commits an assault and battery or other violent crime on another patron.. Read more…

Greater Boston Area Drunk Driver Accident Attorneys

Free Consultation

If you were injured, or if your loved one was killed—in an accident involving an inebriated person who was inappropriately served in a bar, restaurant or nightclub, this new law means that the dram-shop owner cannot simply “plead poverty” and refuse to pay a claim.

The attorneys at The Law Offices of Gerald J. Noonan will pursue the responsible bar, restaurant, nightclub, or liquor store, if it can be reasonably concluded that the accident was caused by the negligent serving of alcohol to an already inebriated customer.

Related Articles And Information

Top

Related posts:

Social Host Liability
In many cases, adults accused of social host liability will claim that they were acting with the best of intentions—maintaining, for example, that the...
Negligent Security, Inadequate Security
Under Massachusetts law, property owners (and occupiers of land) have a responsibility known as Duty of Care. This means that they are required to ma...
Faulty Railings or Guardrails on Balcony, Porch, Deck
Spring break, holiday seasons, and the warm summertime weather leads large numbers of people to gather, socialize and consume alcohol on outdoor balco...
Duty to Child Trespassers
The Massachusetts legislature felt that landowners should owe a greater duty to child trespassers. As a result, the legislature enacted MGL 231 secti...
Coordination of Benefits: The Relationship Between PIP, MedPay, MassHealth, Medicaid, Medicare and E...
Understanding your rights and insurance coverage benefits is not always easy and oftentimes, insurance companies make pursuing your rights harder than...
Pit-Bull Type Dog Bites and Attacks: American Pit Bull Terrier, American Bully, American Staffordshi...
Pit bulls are a group of dogs that include a mixture of any of the following breeds: American pit bull terrier, American Bully, American Staffordshire...
Dog Bites and Attacks: Boxer
Boxers are medium size dogs and can weigh up to 71 pounds. Boxers were bred in Germany using the Old English Bulldog. They were used for dog fighting ...
Dog Bites and Attacks: Doberman Pinscher
Doberman dogs are medium-large breed canines originally bred for companionship and to serve as guard dogs. They are intelligent, fast and powerful, a...