Dram Shop Liability

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 a customer that is clearly inebriated, who then goes on to cause injuries in a drunk-driving accident or a brawl inside or outside the establishment. (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 an injury or death to one person, or a minimum of $500,000o for any 1 accident resulting in multiple injuries  or death.

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:

Causes of Falling Merchandise Accidents
Most falling merchandise accidents occur in the months of October, November, December and January. Most stores often overstock their shelves during th...
Dram Shop Duties to Member of the Public
If a drunk adult patron (over the age of 21) of a commercial business operates a car and injures a member of the public then the commercial business (...
Dram Shop Duties to Patrons
Dram Shop Duties to Patrons: Suing Bars, Bartenders, Clubs For Getting You Drunk Adult Patron (21 and older) However M.G.L. c.231 § 85T prevents...
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...
Apartment Complex Fire
Apartment complex fire victims face years of recovery for burns and other respiratory injuries. If a family member dies during the blaze, the landlord...
Mobile Home and Trailer Park Fires
Mobile home park and trailer fires can be a destructive force. A neighbor’s negligence or a landlord’s failure to provide a safe environment, can caus...
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 ...
Condominium Accidents and Injuries
Cases involving accidents at condominiums are unique because a condo can be owned by several different people or an association. For this reason, whe...