Dram Shop Laws: 50-State Survey

Some of the most devastating car accidents result from drunk driving. This illegal behavior often leads to DUI or related charges, but a victim also usually has a civil claim for damages against the drunk driver. This allows them to recover expenses like medical bills, the costs of future treatment, and lost income and earning capacity, as well as compensation for subjective harm like pain and suffering and emotional distress.

However, just suing the driver might not be the best way to recover all the compensation that a victim needs. For example, a drunk driver might be uninsured and lack substantial assets, or they might flee the scene of the accident and never be identified. In other cases, the damages might exceed the limits of the drunk driver’s insurance policy. A victim then might consider whether they can sue someone else to recover the rest of the damages.

One potential defendant in some of these cases is a bar, restaurant, or other business that served alcohol to the drunk driver. Traditionally, these businesses were not held liable for harm inflicted by their intoxicated patrons. In modern times, though, most states have enacted statutes called “dram shop laws.” These make liquor-selling establishments liable for drunk driving accidents (or other harm caused by intoxicated patrons) in certain situations. Each law is distinctive, but often they impose liability for selling to underage people or to customers who were already intoxicated when they were at the bar or other business.

Sometimes dram shop laws or related statutes or court decisions extend beyond the liquor industry to situations like social hosts providing alcohol to their guests. Depending on the state, the same rules may apply in commercial and non-commercial settings, or the scope of liability may differ.

Click on a state below to find out more about how it views this aspect of drunk driving accidents. Please be aware that this survey does not describe every nuance of these laws, which are often intricate. If you have been injured in a drunk driving accident, you should consult a personal injury attorney who can advise you on your next legal steps, including whom to sue.

Alabama Dram Shop Law

The dram shop law imposes liability based on illegally selling alcohol to someone who was visibly intoxicated.

Revised in 2023, the latest version of Alabama Code Section 6-5-71 provides that someone who sells, furnishes, or serves alcohol to an individual of lawful drinking age will not thereby become liable for injuries caused by the intoxication of that person. However, someone who has been injured by an intoxicated person will have a right of action for actual damages and exemplary (punitive) damages against anyone who knowingly sold, furnished, or served alcohol to an individual contrary to the provisions of law, who was visibly intoxicated, when selling, furnishing, or serving the alcohol was the proximate cause of the injuries. (“Knowingly” means that the defendant knew or should have known.) Evidence sufficient to show that an individual was visibly intoxicated must be based on the totality of the circumstances.

The new law is not intended to broaden liability to social hosts for serving alcohol to someone 21 or older. Historically, the Alabama Supreme Court has maintained that there is no cause of action against a social host for negligently dispensing alcohol when no sale is involved, and the alcohol is not dispensed contrary to law. In the same case, the Supreme Court wrote that a social host was not liable under the former version of Section 6-5-71 when no sale was involved, or when the alcohol was not dispensed contrary to law. However, in a decision issued on the same day, the Supreme Court found that the former version of Section 6-5-71 applied to a situation in which adults provided alcohol to minors.

Alaska Dram Shop Law

The dram shop law imposes liability for selling alcohol to a drunken or underage person.

Alaska Statutes 04.21.020 provides that civil liability may arise from providing alcoholic beverages if the person who provided them held a proper license (or was an employee of a licensee) and either provided the alcohol to a drunken person in violation of Section 04.16.030, or provided it to someone under the age of 21 in violation of Section 04.16.051 without checking the person’s age as required by the statute.

In addition, someone who sells an alcoholic beverage without a proper license is strictly liable to anyone for damages if the person who received the alcoholic beverage engaged in conduct that resulted in damages, and their being under the influence substantially contributed to the damages. Someone who knowingly provided an alcoholic beverage to a person under 21 is liable to anyone for civil damages if the underage person engaged in conduct that resulted in damages, and their being under the influence substantially contributed to the damages.

Arizona Dram Shop Law

The dram shop law imposes liability for selling to an obviously intoxicated or underage person.

Arizona Revised Statutes Section 4-311 provides that a licensed alcohol provider may be liable for injuries, death, or property damage if they sold liquor either to someone who was obviously intoxicated, or to someone underage without getting proof of their age via an ID or while knowing that the person was underage. In addition, a plaintiff would need to prove that the purchaser consumed the liquor and that their consumption proximately caused the harm.

Obvious intoxication means that the purchaser was so inebriated that their physical faculties were substantially impaired, as shown by significantly uncoordinated physical action or significant physical dysfunction that would be obvious to a reasonable person. If the purchaser was underage, and they caused injuries or property damage due to consuming liquor within a reasonable time after the sale of the liquor, this creates a rebuttable presumption that the purchaser consumed the liquor sold to them by the licensee.

According to Section 4-301, anyone other than a licensed alcohol provider (or their employee) is not liable for injuries, death, or property damage caused by their providing alcohol to someone of the legal drinking age. The Arizona Supreme Court has interpreted this statute to permit a claim against a non-licensee who negligently furnishes alcohol to people under the legal drinking age when that causes an injury to a third party.

Arkansas Dram Shop Law

The dram shop law imposes liability for selling alcohol to a minor or a clearly intoxicated person.

Arkansas provides two separate code sections on this topic, one for selling alcohol to minors and one for selling alcohol to a clearly intoxicated person. Arkansas Code Section 16-126-103 covers situations in which a retailer knowingly sold alcohol to a minor or reasonably should have known that the purchaser was a minor. In this case, a jury may determine whether this sale was the proximate cause of an injury to the minor or caused by the minor.

Meanwhile, Section 16-126-104 covers situations in which a retailer knowingly sold alcohol to someone who was clearly intoxicated at the time of the sale, or someone whom the retailer reasonably should have known was clearly intoxicated at the time. This means that the purchaser was so obviously intoxicated that they presented a clear danger to others. This will allow a jury to determine whether the sale was a proximate cause of any later injury to someone else. A retailer has an affirmative defense if they can prove that they had a reasonable belief that the purchaser was not clearly intoxicated or would not be driving while impaired.

According to Section 16-26-106, a social host or another person other than a licensed seller is not liable for injuries or property damage caused by providing alcohol to someone who can lawfully possess it.

California Dram Shop Law

The dram shop law imposes liability for selling alcohol to obviously intoxicated minors.

California Business and Professions Code Section 25602 provides that no person who sells, furnishes, or gives away any alcoholic beverage to an alcoholic or an obviously intoxicated person will be civilly liable for injuries inflicted on someone else due to intoxication by the consumer of the alcoholic beverage. However, Section 25602.1 provides that a personal injury case may be brought against a person licensed (or required to be licensed) under the liquor laws who sells, furnishes, or gives away an alcoholic beverage, or anyone else who sells an alcoholic beverage, to an obviously intoxicated minor when providing the alcohol to the minor was the proximate cause of the injuries.

Meanwhile, Civil Code Section 1714 provides that furnishing alcohol is not the proximate cause of injuries resulting from intoxication. Thus, a social host generally will not be legally accountable for injuries caused by the consumption of alcohol that they furnished to someone else. There is an exception if an adult knowingly furnishes alcohol at their residence to a person whom they knew or should have known to be under 21.

Colorado Dram Shop Law

The dram shop law imposes liability for selling alcohol to an underage or visibly intoxicated person.

Colorado Code Section 44-3-801 provides that a liquor licensee is civilly liable for injuries or damage due to the intoxication of someone who purchased alcohol from them only if the licensee willfully and knowingly sold alcohol to someone who was under 21 or was visibly intoxicated. A claim must be brought within one year after the sale, and a damages cap applies. The statute explicitly abolishes any common-law cause of action against an alcohol seller.

The statute also provides that a social host who provides alcohol is liable only if they knowingly served alcohol to someone under 21 or knowingly gave a person under 21 a place to consume alcohol. The same statute of limitations and damages cap apply.

Connecticut Dram Shop Law

The dram shop law imposes liability on selling alcohol to an intoxicated person.

Connecticut General Statutes Section 30-102 provides that someone who sells alcohol to an intoxicated person is liable if the purchaser causes injuries or property damage to someone else due to their intoxication. (The Connecticut Supreme Court has ruled that this means visible or otherwise perceivable intoxication at the time of the sale.) Damages in these cases are capped at $250,000, and a one-year statute of limitations applies. The plaintiff must provide a written notice to the seller of their intention to bring an action under the statute. The notice generally must be provided within 120 days. The statute also provides that an injured person will not have a cause of action against the seller for negligence in selling alcohol to someone 21 or older.

Meanwhile, the Connecticut Supreme Court has found that a social host or other purveyor of alcohol will be liable for injuries caused by a minor whom they served if a court or jury finds a proximate cause relationship between the service of alcohol and the damages ensuing from the minor’s consumption. Some lower courts have ruled that a social host may be liable for negligently serving alcohol to an adult.

Delaware Dram Shop Law

There is no dram shop law in Delaware.

The Delaware Supreme Court has ruled that there is no statutory or common-law cause of action in Delaware against a “tavern owner” by a third party who is injured by an intoxicated patron, regardless of the patron’s age. The Supreme Court has further explained that the legislature rather than the Court should decide whether to create a cause of action for dram shop liability or social host liability.

Florida Dram Shop Law

The dram shop law imposes liability for selling alcohol to underage people or alcoholics.

Florida Statutes Section 768.125 provides that someone who sells or provides alcohol to a person of legal drinking age generally will not be liable for injuries or damage caused by that person’s intoxication. However, someone who willfully or unlawfully sells or furnishes alcohol to a person who is under the legal drinking age, or who knowingly serves alcohol to a person who is habitually addicted to it, may be liable for injuries or damage caused by that person’s intoxication.

The Florida Supreme Court has ruled that this law does not create a cause of action against a social host, even when intoxicated minors are involved. However, lower Florida courts have held that a civil cause of action based on negligence per se can be brought against a social host for injuries caused by a violation of Section 856.015, which prohibits a person in control of a residence from allowing an open house party to take place there if alcohol is possessed or consumed at the residence by any minor when the person knows that alcohol is in the possession of a minor or being consumed by a minor at the residence, and the person fails to take reasonable steps to prevent the possession or consumption of the alcohol.

Georgia Dram Shop Law

The dram shop law imposes liability in situations involving underage people and noticeably intoxicated people.

Georgia Code Section 51-1-40 provides that someone who sells, furnishes, or serves alcohol to someone of legal drinking age is generally not liable for injuries or damage caused by that person’s intoxication. However, someone who willfully, knowingly, and unlawfully sells, furnishes, or serves alcohol to someone under the legal drinking age may be liable for resulting injuries or damage when they know that the underage person will soon be driving a vehicle, and selling, furnishing, or serving the alcohol is the proximate cause of the injuries or damage. A parallel rule applies to knowingly selling, furnishing, or serving alcohol to a person who is noticeably intoxicated.

If someone who sold, furnished, or served alcohol to an underage person checked and relied on an ID showing that they were 21 or older, this is rebuttable proof that the alcohol was not sold, furnished, or served willfully, knowingly, and unlawfully. The law also provides that an owner or occupant of a property that is not licensed for the sale of alcohol is not liable based on someone consuming alcohol on their premises in their absence and without their consent.

Hawaii Dram Shop Law

A narrow law covers situations involving underage people, but liability also may arise from a violation of the liquor control statute, which covers a broader range of situations.

Hawaii Revised Statutes Section 663-41 provides that someone 21 or older who sells, furnishes, or provides alcohol to someone under 21 is liable for injuries and damage caused by the intoxicated person under 21. Liability is also imposed on someone 21 or older who owns, occupies, or controls premises on which alcohol is consumed by someone under 21, who knows that this is occurring, and who reasonably could have prohibited or prevented the alcohol consumption. Critically, though, the law does not apply to sales that are licensed under the state liquor laws.

However, the Hawaii Supreme Court has ruled that a person who is injured by an intoxicated driver may recover damages from a business that provided alcohol to the driver in violation of the liquor control statute, even without a dram shop law. A violation of the liquor control statute is evidence of negligence in a “common law dram shop action.” The statute prohibits a licensee or its employee from selling, serving, or furnishing alcohol to a minor (unless they honestly believed that the minor was of legal age), a person under the influence, a person known to be an alcoholic, or a person for consumption in a vehicle.

The Hawaii Supreme Court has declined to extend liability to non-commercial suppliers of alcohol, such as social hosts, for serving adults. (This decision preceded the enactment of Section 663-41, which has been interpreted to apply to social hosts.)

Idaho Dram Shop Law

The dram shop law imposes liability for selling alcohol to underage or obviously intoxicated people.

Idaho Code Section 23-808 provides that a person who has suffered injuries or damage caused by an intoxicated person may bring a claim against someone who sold or otherwise furnished alcohol to the intoxicated person if they were underage, and the person who sold or furnished the alcohol knew or reasonably should have known that they were underage. The only other situation in which a claim may be brought is when the intoxicated person was obviously intoxicated, and the person who sold or furnished the alcohol knew or should have known that they were obviously intoxicated. Someone who is a passenger in a vehicle driven by the intoxicated person cannot bring a claim in any circumstances. The person bringing the claim must notify the defendant within 180 days.

Illinois Dram Shop Law

The dram shop law imposes liability whenever a licensed seller caused someone else’s intoxication. A separate law covers situations involving impaired people under 18.

235 Illinois Compiled Statutes Section 5/6-21 provides that a person who suffers injuries or property damage caused by an intoxicated person can bring a claim against someone who was licensed to sell alcohol if they caused the intoxication of the person who caused injuries or property damage by selling or giving alcohol to them. In addition, someone who is at least 21 and pays for a hotel or motel room or facility while knowing that it will be used by someone under 21 to unlawfully consume alcohol is liable to anyone who suffers injuries or property damage caused by the intoxication of the person under 21. Further rules apply to people who own, rent, lease, or permit the occupation of a building or property where alcohol is sold. A one-year statute of limitations applies to claims under this law.

Meanwhile, Section 740 ILCS 58/5 provides that someone who is injured by an impaired person under the age of 18 has a right of action against someone who caused or contributed to that person’s impairment by willfully selling, giving, or delivering alcohol to them. There is also a right of action against someone who caused or contributed to the impairment of someone under 18 by willfully permitting the consumption of alcohol on non-residential premises owned or controlled by the adult. A two-year statute of limitations applies to claims under this law.

Indiana Dram Shop Law

The dram shop law imposes liability for furnishing alcohol to a visibly intoxicated person.

Indiana Code Section 7.1-5-10-15.5 provides that someone who sells, provides, delivers, or otherwise furnishes alcohol to someone else is liable for damages caused by the impairment or intoxication of that person only if the person who furnished the alcohol actually knew that the person to whom they furnished it was visibly intoxicated at the time. The statute also provides that the intoxication of the person to whom the alcohol was furnished must have been a proximate cause of the injuries or damage suffered by the plaintiff.

The Indiana Court of Appeals has confirmed that the requirement of actual knowledge of visible intoxication applies even to cases involving minors.

Iowa Dram Shop Law

The dram shop law imposes liability for selling alcohol to a visibly intoxicated person.

Iowa Code Section 123.92 provides that someone who suffers injuries or property damage caused by an intoxicated person can bring a claim for damages against any liquor licensee or permittee if they sold and served alcohol directly to the intoxicated person, and they were visibly intoxicated at the time. A licensee or permittee has an affirmative defense if they can show that the intoxication did not contribute to the injuries. Non-economic damages in these claims are capped at $250,000, except in some situations involving a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death.

Section 123.49 provides that a person who is not required to hold a liquor license or permit is not civilly liable when they give alcohol to an intoxicated person, and someone else suffers injuries as a result of that person’s intoxication. However, Section 123.92(3) creates an exception to this rule for situations involving underage drinking. Section 123.92(3) allows someone who suffers injuries or property damage caused by an intoxicated underage person to bring a claim for damages against a person who is not a licensee or permittee if they dispensed or gave alcohol to the intoxicated underage person, and the defendant knew or should have known that the underage person was intoxicated, or the defendant knew or should have known that the underage person would become intoxicated considering the amount of alcohol that they gave them. The defendant will not be liable unless they knew or should have known that the underage person was in fact underage. They also can establish as an affirmative defense that the intoxication did not contribute to the injuries.

Meanwhile, the Iowa Supreme Court has decided that Section 123.92 does not preempt common-law claims against people who are not expressly covered by it. The Court in that case recognized a common-law cause of action against a non-licensee who furnished alcohol to an underage person who then caused injuries to someone else.

Kansas Dram Shop Law

There is no dram shop law in Kansas.

Kansas does not have a dram shop statute. The Kansas Supreme Court has explained that the common-law rule is that, in the absence of legislation, suppliers of alcohol are not liable to the victims of an intoxicated tortfeasor. The Kansas Court of Appeals has noted that the Supreme Court has interpreted this decision broadly to apply to any effort to hold third parties liable for the torts of an intoxicated person or for violations of the liquor control statutes. The Supreme Court later reaffirmed that civil liability in this area is a public policy matter best left to the legislature.

Kentucky Dram Shop Law

The dram shop law limits liability when selling alcohol to someone of legal drinking age to situations when the person was already intoxicated.

Kentucky Revised Statutes Section 213.41 provides that someone holding a permit under the state liquor law (or their employee) is not liable for injuries or property damage caused by the intoxication of a person of legal drinking age to whom they sell or serve alcohol unless a reasonable person under similar circumstances should have known that the intoxicated person was already intoxicated at the time of selling or serving the alcohol. (The statute also notes that the intoxicated person is still “primarily liable” for injuries to third parties.) This limitation on liability does not apply to someone who caused someone else to consume alcohol by falsely claiming that a beverage did not contain it.

The Kentucky Supreme Court has ruled that the statute imputes liability to a dram shop for the sale or service of alcohol to a minor. This is because a legal sale is required to shield a dram shop from liability, and a sale to a minor is illegal.

Kentucky courts have rarely addressed the issue of social host liability. In one case, the Kentucky Court of Appeals observed that a duty can arise to exercise reasonable care to prevent harm by controlling a third person’s conduct when a special relation exists between the actor and the third person. However, it noted that there is no liability unless the defendant had a real ability to control the person who caused the harm, and it found that a social host had no effective means of control over an adult guest to prevent him from driving. In another case involving a party where teenagers consumed alcohol, the Court of Appeals found that an adult landowner who was aware that minors were consuming alcohol on his property had a special relationship with those minors. It found no liability for the assault at issue, but it suggested that liability might have been found for a drunk driving accident under similar circumstances.

Louisiana Dram Shop Law

There is essentially no liability when the intoxicated person is over the legal drinking age. Liability may arise in situations involving underage drinking.

Louisiana Revised Statutes Section 9:2800.1 provides that nobody with a permit under the state liquor laws (or their employee) who sells or serves alcohol to someone over the legal drinking age will be liable for injuries to third parties off the premises of the seller or server due to the intoxication of the person to whom the alcohol was sold or served. In addition, the law provides that no social host who serves or provides alcohol to someone over the legal drinking age will be liable for injuries to third parties off the premises due to the intoxication of the person to whom the alcohol was served or provided. It also exempts a social host from liability when a person over the legal drinking age consumes alcohol on their premises in their absence and without their consent.

While the statute is very restrictive, Louisiana courts have noted that it does not shield someone who sells or provides alcohol to minors from liability for resulting injuries. If a vendor or social host sells or provides alcohol to an underage drinker, and that person causes harm as a result of their intoxication, courts use the traditional duty/risk analysis to determine whether the vendor or social host violated general negligence principles.

Maine Dram Shop Law

The dram shop law imposes liability in situations involving minors and visibly intoxicated people.

Maine Revised Statutes Title 28-A Chapter 100 provides the rules for dram shop liability. Section 2506 provides that a licensed seller who negligently serves liquor to a minor or a visibly intoxicated person is liable for damages caused by their consumption of liquor. A non-licensed person is liable for negligently serving to a minor but not to a visibly intoxicated person. Serving liquor is negligent if the server knows or reasonably should know that the person being served is a minor or visibly intoxicated.

Section 2507 provides that a server who recklessly provides liquor to a minor or recklessly serves liquor to a visibly intoxicated person is liable for the resulting damages. Serving liquor is reckless if the server intentionally serves liquor to someone whom they know is a minor or visibly intoxicated, and the server consciously disregards an obvious and substantial risk that serving liquor to them will cause physical harm. This section applies equally to licensed and non-licensed defendants.

Damages other than medical expenses are capped at $350,000. A plaintiff must give written notice to a defendant within 180 days of the server’s negligent or reckless conduct. A two-year statute of limitations applies. The intoxicated person or minor also must be named as a defendant in the action and must be retained until the litigation ends.

Maryland Dram Shop Law

There is no dram shop law, but courts may impose social host liability for underage drinking in limited situations.

Maryland does not have a dram shop statute. The Maryland Supreme Court (formerly the Maryland Court of Appeals) has found that a declaration of public policy is normally the function of the legislative branch of government. Thus, it has refrained from creating common-law dram shop liability when the legislature has not created statutory dram shop liability. The Maryland Appellate Court (formerly the Maryland Court of Special Appeals) later echoed this holding in finding that Maryland does not permit an action for damages against the “owner of a tavern” for injuries to third parties caused by the owner’s intoxicated patrons, unless the legislature creates a dram shop statute.

The Appellate Court has stated that Maryland does not recognize a cause of action for social host liability. More recently, though, the Supreme Court has found a limited form of social host liability based on a violation of Maryland Criminal Law Section 10-117(b), which provides that an adult may not knowingly and willfully allow someone under 21 to possess or consume alcohol at a residence that the adult owns or leases and where the adult lives.

Massachusetts Dram Shop Law

The liquor laws do not provide statutory causes of action, but courts permit lawsuits against businesses and social hosts in various situations.

Massachusetts General Laws Chapter 138 Section 69 provides that alcohol must not be sold or delivered to an intoxicated person on any premises licensed under the liquor law. Section 34 in the same Chapter also prohibits selling, delivering, or furnishing alcohol to a person under 21. However, these are criminal statutes and do not provide an independent ground for civil liability beyond a traditional common-law claim.

The Massachusetts Supreme Judicial Court has ruled that a plaintiff in a common-law dram shop claim must prove the elements of negligence: duty, breach of duty, causation, and damages. A violation of a statute does not automatically establish a breach of duty but is only “some evidence” of negligence. In a case involving an intoxicated adult, the Supreme Judicial Court explained that the plaintiff must introduce some evidence showing that the defendant was on notice that they were serving an intoxicated patron.

In a notable decision involving social host liability, the Supreme Judicial Court ruled that a social host may be liable to someone injured by an intoxicated guest’s negligent operation of a vehicle if the host knew or should have known that the guest was drunk but still gave or allowed them to consume alcohol. The Court also noted that a relevant consideration is whether the host knew or reasonably should have known that the intoxicated guest might operate a vehicle.

Michigan Dram Shop Law

The dram shop law imposes liability for selling alcohol to minors or people who are visibly intoxicated.

Michigan Compiled Laws Section 436.1801 provides that a licensed retailer (or their employee) must not sell or otherwise provide alcohol to a minor or to someone who is visibly intoxicated. Someone who suffers injuries or damage as a result can bring an action against the person who sold or otherwise provided the alcohol. A two-year statute of limitations applies, and a plaintiff must give notice to all defendants within 120 days after entering an attorney-client relationship for the purpose of pursuing this type of claim. The action also must name the minor or intoxicated person as a defendant and must retain them in the action until the litigation ends. For cases involving a minor, a retailer has a defense if they can prove that the minor presented an ID indicating that they were at least 21.

Meanwhile, Section 436.1701 makes it a misdemeanor for a person to knowingly sell or furnish alcohol to a minor, or fail to make a diligent inquiry as to whether the person is a minor. The Michigan Court of Appeals has ruled that this statute (then codified at a different section) gives rise to a civil cause of action for injuries caused by the furnishing of liquor to a minor by a social host or other people not covered by the Liquor Control Act.

Minnesota Dram Shop Law

The main dram shop law imposes liability for illegally selling alcohol, while a separate statute covers social hosts and underage drinking.

Minnesota Statutes Section 340A.801 provides that someone who suffers injuries or property damage due to someone else’s intoxication has a right of action for damages against someone who caused the intoxication of that person by illegally selling alcohol. (However, a defendant has a defense in a case involving an illegal sale to a minor if they can prove by a preponderance of the evidence that they reasonably relied on a representation of proof of age provided by the minor.) Someone who claims damages from a licensed alcohol retailer must provide notice to the licensee containing certain information. The notice must be served by the claimant’s attorney within 240 days of entering an attorney-client relationship regarding the claim. A two-year statute of limitations applies to these claims. The statute does not preclude common-law tort claims against someone 21 or older who knowingly provides alcohol to someone under 21.

The Minnesota Supreme Court has ruled that deciding whether to impose dram shop liability based on a liquor sale involves asking four questions. These are whether the sale violated a provision of Chapter 340A, whether the violation was substantially related to the purposes sought to be achieved by the dram shop law, whether the illegal sale was a cause of the intoxication, and whether the intoxication was a cause of the plaintiff’s injuries.

Meanwhile, Section 340A.90 provides that someone who is injured by an intoxicated person under 21 has a claim against someone who is 21 or older if they had control over the premises where the underage person consumed the alcohol that caused their intoxication, and the adult knowingly or recklessly permitted that consumption when they were in a reasonable position to prevent it. Liability arises more generally if a person 21 or older provided alcohol to a person under 21 that caused their intoxication.

Mississippi Dram Shop Law

The dram shop law limits liability when alcohol was legally sold or served to situations involving visible intoxication.

Mississippi Code Section 67-3-73 provides that no holder of an alcohol permit (or their employee) will be liable for injuries or damage caused off the licensed premises due to the intoxication of a person to whom they lawfully sold or served alcohol. However, this limitation of liability does not apply to a holder of an alcohol permit (or their employee) if the person purchasing the alcohol was visibly intoxicated at the time.

Another subsection of the statute provides that no social host will be liable for injuries or damage caused off the host’s premises due to the intoxication of a person who may lawfully consume alcohol to whom the host served or furnished alcohol. This subsection also shields a social host from liability if someone who may lawfully consume alcohol consumes alcohol on their premises in their absence and without their consent.

Missouri Dram Shop Law

The dram shop law imposes liability for serving alcohol to an underage or visibly intoxicated person.

Missouri Revised Statutes Section 537.053 provides that a personal injury claim may be brought against someone licensed to sell intoxicating liquor by the drink for consumption on the premises when it is proven by clear and convincing evidence that the seller knew or should have known that intoxicating liquor was served to someone under 21, or that the seller knowingly served intoxicating liquor to a visibly intoxicated person. Visible intoxication means that the person is so inebriated that the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction. Blood alcohol content may be admissible as relevant evidence of intoxication, but it is not prima facie evidence to establish that someone is visibly intoxicated.

In a claim involving selling to an underage person, proof that the seller (or their employee) was shown an ID indicating that the person was at least 21 will be relevant in determining the defendant’s relative fault.

The Missouri Court of Appeals has noted that there is no civil liability for social hosts in Missouri.

Montana Dram Shop Law

The dram shop law imposes liability for furnishing alcohol to a visibly intoxicated or underage person, among other situations.

Revised in 2023, Montana Code Section 27-1-710 provides that furnishing a person with alcohol forms a basis for finding the furnishing person or entity liable for resulting injuries or damage in three situations. These are when the consumer was visibly intoxicated when they received the alcohol, the furnishing person forced the consumption or told the consumer that the beverage did not contain alcohol, or the consumer was underage, and the furnishing person knew this or did not make a reasonable attempt to determine the consumer’s age. A two-year statute of limitations applies, and the plaintiff must provide notice of their intent to file the action to the defendant within 180 days. Non-economic and punitive damages are subject to caps.

A person or entity that furnishes alcohol may not be found civilly liable under any other statute or common-law claim for injuries or damages arising from an event involving a person who was served or who consumed alcohol. A passenger over 18 in the consumer’s car does not have a claim.

Nebraska Dram Shop Law

The dram shop law imposes liability in various situations involving minors.

Nebraska Revised Statutes Section 53-404 provides that someone who suffers injuries or property damage due to the negligence of an intoxicated minor will have a cause of action against any of three parties. These are a social host who allowed the minor to consume alcohol at the host’s home or property, anyone who procured alcohol for the minor when they knew or should have known that the person was a minor, or any retailer who sold alcohol to the minor. A retailer may have an absolute defense if the minor provided an ID when purchasing alcohol.

Section 53-180 prohibits selling or giving alcohol to a minor or a person who is mentally incompetent, but the Nebraska Supreme Court has ruled that this statute does not create a civil remedy or impose a duty on the part of a bar toward injured third parties.

Nevada Dram Shop Law

A very narrow law applies only to situations involving underage drinking and completely shields licensed sellers from liability.

Nevada Revised Statutes Section 41.1305 provides that someone who sells, serves, or otherwise provides alcohol to someone who is 21 or older is not liable for damages resulting from their consumption of alcohol. Someone who knowingly sells, serves, or otherwise provides alcohol to an underage person, or who knowingly allows an underage person to consume alcohol on their property or in their vehicle, is liable in a civil action for harm caused by the underage person as a result. However, this liability is not imposed on someone who is licensed to sell, serve, or furnish alcohol (or their employee) for any act or failure to act during the course of business or employment.

New Hampshire Dram Shop Law

The dram shop law imposes liability for negligently serving alcohol to a minor or intoxicated person, or for recklessly serving alcohol.

Title 507-F in Title LII of the New Hampshire Revised Statutes contains the New Hampshire dram shop law. It applies to any person licensed or required to be licensed under the state liquor law, as well as their employees. The statute includes separate sections for negligent service and reckless service of alcohol. Section 507-F:4 provides that a defendant who negligently serves alcohol to a minor or an intoxicated person is liable for the resulting damages. Negligence means that the defendant knows (or a reasonably prudent person in similar circumstances would know) that the person being served is a minor or is intoxicated. Proof of serving alcohol to a minor without asking for proof of age is evidence of negligence.

Meanwhile, Section 507-F:5 provides that a defendant who recklessly provides alcohol to someone else is liable for resulting damages. Recklessness means that a defendant intentionally served alcohol to someone when the server knew or reasonably should have known that the service created an unreasonable risk of physical harm that is substantially greater than what is necessary to make their conduct negligent.

Under either section, a defendant has a defense if they were adhering to responsible business practices, which are those that an ordinarily prudent person would follow in similar circumstances.

Although the statute does not directly address social host liability, the New Hampshire Supreme Court has held that a plaintiff who was injured as a result of a social host’s service of alcohol could maintain an action against the social host if the plaintiff could allege that the service was reckless. However, the plaintiff in that case was the intoxicated person, and state courts subsequently have found that a negligence standard applies instead of recklessness to claims by third parties against social hosts.

New Jersey Dram Shop Law

The dram shop law imposes liability for serving a visibly intoxicated person or a minor. A separate law covers social hosts.

New Jersey Revised Statutes Section 2A:22A-5 provides that someone who suffers injuries or property damage due to the negligent service of alcohol by a licensed alcoholic beverage server may recover damages from the licensed server if the server was negligent, this proximately caused the injuries or damage, and the injuries or damage was a foreseeable result. Negligence means that the server served a visibly intoxicated person, or that they served a minor when they knew or reasonably should have known that the person was a minor. A person is visibly intoxicated when they are in a state of intoxication accompanied by a perceptible act or series of acts that present clear signs of intoxication.

Meanwhile, Section 2A:15-5.6 provides that someone who suffers injuries or property damage due to the negligent provision of alcohol by a social host to a person of legal drinking age may recover damages in certain situations. They must show that the host willfully and knowingly provided alcohol to a person who was visibly intoxicated in the host’s presence (or under circumstances showing a reckless disregard of the consequences), the host provided alcohol to this person under circumstances that created an unreasonable risk of foreseeable harm to someone else, the host failed to exercise reasonable care and diligence to avoid the foreseeable risk, and the injury resulted from an accident caused by the negligent operation of a vehicle by the visibly intoxicated person. There is an irrebuttable presumption that the person was not visibly intoxicated if their blood alcohol content was less than 0.10 and a rebuttable presumption that they were not visibly intoxicated if their BAC was between 0.10 and 0.15.

Regarding social hosts serving to minors, meanwhile, the Appellate Division of the New Jersey Superior Court has found that a non-liquor licensee who furnishes excessive amounts of alcohol to a minor on a social occasion may be held liable for the intoxicated minor’s negligent acts if these cause injuries to an innocent third party.

New Mexico Dram Shop Law

The dram shop law imposes liability for selling alcohol to an intoxicated person or a minor.

New Mexico Statutes Section 41-11-1 provides that someone licensed under the state liquor law may be liable for selling or serving alcohol to a person who was intoxicated when it was reasonably apparent to the licensee that the person was intoxicated, and the licensee knew from the circumstances that the person was intoxicated. A licensee also may be liable for negligently selling or giving alcohol to a minor, although a jury must consider all the circumstances of the sale in deciding whether there was negligence, such as the representation used to obtain alcohol. In these cases, the plaintiff must show that the licensee knew (or that a reasonable person in the same circumstances would have known) that the person receiving the alcohol was a minor and must show that the violation was a proximate cause of the injuries.

Another provision of the statute bars liability for gratuitously providing alcohol to a guest in a social setting unless the alcohol was provided recklessly in disregard of the rights of others, including the social guest. The statute provides that it is the exclusive remedy against a licensee or social host. Damages are capped at $50,000 for injuries or death to one person, $100,000 for injuries or death to multiple people, and $20,000 for property damage.

New York Dram Shop Law

The dram shop law imposes liability for illegally selling alcohol.

New York General Obligations Law Section 11-101 provides that someone who suffers injuries or property damage due to the intoxication of any person will have a right of action against anyone who caused or contributed to the intoxication by unlawfully selling to that person. Exemplary (punitive) damages may be available.

Meanwhile, Section 11-100 provides that someone who suffers injuries or property damage due to the intoxication or impairment of ability of someone under 21 will have a right of action to recover damages from anyone who knowingly caused the intoxication or impairment of ability by unlawfully providing alcohol to the underage person with knowledge or reasonable cause to believe that the person was under 21. Exemplary (punitive) damages are not available.

North Carolina Dram Shop Law

The main dram shop law imposes liability for car accidents caused by selling alcohol to an underage person, but courts have imposed liability more broadly.

North Carolina General Statutes Section 18B-121 provides that an injured person may bring a claim for damages against an entity with a permit under the liquor law or a local Alcoholic Beverage Control Board in a specific situation. This is when the defendant (or its employee or agent) negligently sold or provided alcohol to an underage person, the consumption of the alcohol caused or contributed to an underage driver being subject to an impairing substance at the time of the injury, and the resulting injury was proximately caused by the underage driver’s negligent operation of a vehicle while impaired. Damages are capped at $500,000 per occurrence. A related law provides that this statute does not eliminate any common-law claims.

Meanwhile, Section 18B-305 prohibits an entity with a permit under the liquor law (or their employee) from knowingly selling or giving alcohol to an intoxicated person. This statute does not explicitly provide for a civil right of action, but the North Carolina Court of Appeals has ruled that a licensed provider of alcoholic beverages for on-premises consumption may be held liable for injuries or damages resulting from the acts of people to whom alcohol was illegally provided while they were intoxicated. Moreover, the North Carolina Supreme Court has found that a social host may be liable under common-law negligence principles for serving alcohol to someone whom they knew or should have known was under the influence and would drive a car shortly after consuming the alcohol.

North Dakota Dram Shop Law

The dram shop law imposes liability for selling alcohol to an underage, incompetent, or obviously intoxicated person.

North Dakota Century Code Section 5-01-06.1 provides that anyone who is injured by an obviously intoxicated person has a claim for relief against anyone who knowingly sells, disposes, or gives away alcohol to someone under 21 or to an incompetent or obviously intoxicated person. If exemplary (punitive) damages are sought from a retail licensee in this type of case, the jury may consider any alcohol server training that the licensee provided to an employee as a mitigating factor. An adult passenger in a car driven by the intoxicated person cannot bring a claim under this statute.

The North Dakota Supreme Court has ruled that this statute creates a right of action against someone who is not engaged in the business of selling intoxicating liquor but gives someone else an intoxicating liquor as an act of hospitality or social courtesy.

Ohio Dram Shop Law

The dram shop law provides separate causes of action for injuries on the premises of a liquor permit holder, and for selling to a noticeably intoxicated or underage person.

Ohio Revised Code Section 4399.18 provides that someone who suffers injuries or property damage due to the actions of an intoxicated person generally does not have a cause of action against a liquor permit holder (or their employee) for selling beer or liquor to the intoxicated person unless the injury or property damage occurred on the permit holder’s premises or in a parking lot under their control and was proximately caused by the negligence of the permit holder or their employee.

However, a person who suffered injuries or property damage caused by the negligence of an intoxicated person off the premises or away from a parking lot under the permit holder’s control may have a cause of action against the permit holder (or their employee) if they can prove that the permit holder (or their employee) knowingly sold an intoxicating beverage to a noticeably intoxicated or underage person, and their intoxication proximately caused the injuries or damage.

Meanwhile, the Ohio Supreme Court has ruled that a social host has a duty to refrain from furnishing alcohol to a minor and may be civilly liable to third parties if they violate that duty.

Oklahoma Dram Shop Law

Although a statute does not impose liability directly, courts have imposed liability in certain situations, such as those involving noticeably intoxicated people and minors.

Oklahoma Statutes Section 37A-6-101 prohibits knowingly selling, delivering, or furnishing alcohol to anyone under 21, as well as selling, delivering, or knowingly furnishing alcohol to an intoxicated person or to someone who has been adjudged insane or mentally deficient. The statute does not explicitly provide a right to bring a lawsuit, but the Oklahoma Supreme Court has imposed civil liability in many situations that it covers.

In its first major case on this issue, the Supreme Court ruled that someone who sells intoxicating beverages for on-the-premises consumption has a duty to exercise reasonable care not to sell liquor to a noticeably intoxicated person. (The decision specifically stated that it did not address the issue of social host liability, and the Oklahoma Court of Civil Appeals has declined to extend the type of liability described by this decision to a social host without a directive from the Supreme Court to that effect.) Several years later, the Oklahoma Supreme Court imposed liability on commercial vendors for consumption off the premises when they sell to minors. The Supreme Court then clarified that a vendor who illegally sold alcohol to minors may be found liable regardless of whether consumption was on or off the premises.

The Supreme Court recently has held that a cause of action arises when a commercial vendor sells alcohol to a noticeably intoxicated person for consumption off the premises of the vendor when someone is injured as a result of the vendor violating a statute that prohibits these sales. This case established that someone who sells intoxicating beverages for consumption off the premises has a duty to exercise reasonable care not to sell to a noticeably intoxicated person.

Oregon Dram Shop Law

A pair of statutes impose liability in situations involving people who were visibly intoxicated or under 21.

Oregon Revised Statutes Section 471.565 provides that a person licensed by the Oregon Liquor and Cannabis Commission, a person holding a permit issued by the Commission, or a social host is not liable for damages caused by intoxicated patrons or guests unless the plaintiff can prove certain elements by clear and convincing evidence. These elements are that the licensee, permittee, or social host served or provided alcohol to the patron or guest while they were visibly intoxicated, and the plaintiff did not substantially contribute to the intoxication of the patron or guest. They must not have provided alcohol to the patron or guest, encouraged them to consume or purchase alcohol, or facilitated their consumption. Generally, an action for damages caused off the premises of the defendant requires giving notice to the defendant within 180 days, or within one year for wrongful death claims.

Meanwhile, Section 471.567 provides that a licensee, permittee, or social host will not be liable to third parties injured by people under 21 who received alcohol from the licensee, permittee, or social host unless the plaintiff can prove that a reasonable person would have determined that identification should have been requested, or that the identification exhibited was altered or did not accurately describe the person to whom the alcohol was sold or served.

Pennsylvania Dram Shop Law

A pair of statutes have been interpreted to impose liability in situations involving people who were visibly intoxicated and minors.

47 Pennsylvania Statutes Section 4-497 provides that a licensee under the liquor law will not be liable to third parties for damages inflicted on them off the licensed premises by customers of the licensee unless the customer who inflicted the damages was sold or given alcohol by the licensee (or their employee) when the customer was visibly intoxicated. However, the Pennsylvania Supreme Court has ruled that a licensee cannot assert its immunity under Section 4-497 unless the customer was of legal drinking age, so the statute does not block claims involving minors.

Meanwhile, Section 4-493 prohibits a licensee or their employee, or any other person, from selling or giving any alcohol to someone who is visibly intoxicated or a minor. In general, Pennsylvania courts have found that a violation of this law is negligence per se, and the defendant will be held liable if a violation was the proximate cause of the victim’s injuries.

However, the Supreme Court has declined to impose civil liability based on Section 4-493 on non-licensed people who furnish alcohol for no remuneration. The Court has found that the only exception to the general rule that liability under the Liquor Code will not be applied to a social host is when they knowingly furnished alcohol to a minor. (This exception is based on the legislative judgment that people under 21 are incompetent to handle alcohol, as reflected by certain provisions of the Crimes Code.) There is no liability on the part of a social host who serves alcohol to adult guests.

Rhode Island Dram Shop Law

The dram shop law imposes liability for negligence or recklessness in certain situations involving minors or visibly intoxicated people.

Rhode Island General Laws Chapter 3-14 is the Rhode Island Liquor Liability Act, which covers alcoholic beverage retail licensees (and their employees) and anyone who was required to have had an alcoholic beverage retail license (and their employees) at the time of an act giving rise to liability under the statute. Section 3-14-6 makes these defendants liable for negligently serving liquor to a minor or a visibly intoxicated individual if damages resulted from the consumption by the minor or visibly intoxicated individual. Negligence means that the defendant knows that the person is a minor or is visibly intoxicated, or a reasonable and prudent person in similar circumstances would know that. A rebuttable presumption of negligence arises from proof of service of alcohol to someone under 21 without asking for an ID.

Meanwhile, Section 3-14-7 makes these defendants liable for recklessly providing liquor to a minor or a visibly intoxicated individual if damages resulted from the consumption by the minor or visibly intoxicated individual. Recklessness means that the defendant intentionally served liquor despite knowing that the person being served was a minor or was visibly intoxicated, and the server consciously disregarded an obvious and substantial risk that serving liquor to that person would cause physical harm. The statute lists certain serving practices that are admissible as evidence of recklessness. Punitive damages are available in actions based on reckless conduct but not in actions based on negligent conduct.

A three-year statute of limitations applies to these claims. A defendant can introduce proof of their responsible serving practices as evidence that they were not negligent or reckless. The law lists certain examples of responsible serving practices.

Meanwhile, the Rhode Island Supreme Court has recognized a duty to a third party by a social host for injuries suffered at the hands of an intoxicated guest only when a special relationship exists between the host and the guest.

South Carolina Dram Shop Law

Courts have imposed liability based on liquor laws prohibiting sales to a person under 21 or an intoxicated person.

South Carolina has several statutes that prohibit various types of alcohol sales. Two notable provisions are South Carolina Code of Laws Sections 61-4-50 and 61-4-580. Section 61-4-50 makes it illegal for a person to sell beer, ale, porter, wine, or similar beverages to a person under 21. Meanwhile, Section 61-4-580 provides that a holder of a permit authorizing the sale of beer or wine (or their employee) must not knowingly sell beer or wine to a person under 21 or an intoxicated person on the licensed premises covered by the holder’s permit.

Neither of these statutes explicitly provides for civil liability, but the South Carolina Supreme Court has ruled that Sections 61-4-50 and 61-4-580 (then codified elsewhere) give rise to civil liability if the plaintiff can establish negligence per se and prove that the violation of the statute was causally linked to the injury. Negligence per se means that the essential purpose of the statute is to protect from the kind of harm that the plaintiff has suffered, the plaintiff is a member of the class of persons that the statute is intended to protect, and the defendant violated the statute. In this case, which involved a sale to a minor, the Court noted that the statutes were designed to prevent harm to the minor who purchased the alcohol and to members of the public harmed by the minor’s consumption of the alcohol.

In addition, the South Carolina Supreme Court has imposed liability on adult social hosts who knowingly and intentionally serve underage guests. On the other hand, the Court has explained that a social host is not liable under the common law for serving alcohol to an intoxicated adult who then injures someone else.

South Dakota Dram Shop Law

There is no dram shop liability in South Dakota.

South Dakota Codified Laws Section 35-4-78 makes it a Class 1 misdemeanor for a liquor licensee to sell or serve an alcoholic beverage to a person who is obviously intoxicated. However, the statute also provides that no licensee is civilly liable to anyone who was injured because of the intoxication of a person due to the sale or consumption of alcohol in violation of this statute. A related law makes it a Class 2 misdemeanor for an on-sale or off-sale licensee to permit someone less than 21 years old to sell, serve, dispense, or consume alcoholic beverages on the licensed premises, but it does not provide for civil liability.

Meanwhile, Section 35-9-1 makes it a Class 1 misdemeanor to sell or give alcohol to anyone under 18, with limited exceptions, but it shields licensees from civil liability for injuries caused by a violation of this law. A related law makes it a Class 2 misdemeanor to sell or give alcohol to anyone between the ages of 18 and 20, with limited exceptions, while again shielding licensees from civil liability for injuries caused by a violation.

More generally, Section 35-11-1 provides that consuming rather than serving alcohol is the proximate cause of any injury inflicted by an intoxicated person. The South Dakota Supreme Court has found that this statute, considered together with Section 35-4-78, clearly precludes recovery against a bar for serving alcohol. Meanwhile, Section 35-11-2 provides that a social host who furnishes alcohol is not civilly liable for any injuries caused by the intoxication of any person due to consuming the alcohol furnished by the host.

Tennessee Dram Shop Law

Liability is imposed in certain situations involving sales to a visibly intoxicated person or a person under 21, but a high standard of proof applies.

Tennessee Code Section 57-10-102 provides that a judgment awarding damages to someone who has suffered injuries may not be pronounced by a judge or jury against anyone who has sold an alcoholic beverage or beer unless a 12-person jury has reached certain conclusions beyond a reasonable doubt. The jury must have found that the sale of the alcoholic beverage or beer was the proximate cause of the injury and that the defendant sold the alcoholic beverage or beer to a person known to be under the age of 21 or to a visibly intoxicated person, who caused the injuries as a direct result of consuming the alcoholic beverage or beer.

Otherwise, Section 57-10-101 provides that consuming rather than furnishing alcohol is the proximate cause of injuries inflicted by an intoxicated person. The Tennessee Supreme Court has found that this statute represents a legislative determination that people who furnish alcohol are not at fault for injuries inflicted by an intoxicated person, even if they are underage. In the same case, though, the Court found that an adult who knowingly permitted and facilitated the consumption of alcohol by underage guests had a duty to exercise reasonable care to prevent them from being harmed or harming others.

Texas Dram Shop Law

The dram shop law imposes liability in certain situations involving obviously intoxicated people and adults serving or providing alcohol to minors under 18.

Texas Alcoholic Beverage Code Section 2.02 provides for a statutory cause of action based on providing, selling, or serving alcohol if the plaintiff can prove that it was apparent to the provider that the person being sold, served, or provided with alcohol was obviously intoxicated to the extent that they presented a clear danger to others and themselves, and the intoxication of the recipient of the alcohol was a proximate cause of the damages suffered. A “provider” is anyone who sells or serves alcohol under the authority of a liquor license or permit, or who otherwise sells alcohol to a person.

A safe harbor provision applies to alcoholic beverage providers in certain situations. Under the safe harbor provision, the actions of an employee in overserving a patron are not attributable to the employer if it requires its employees to attend certain training classes, the employee attended these classes, and the provider did not encourage the employee to violate the law. The Texas Supreme Court has ruled that the provider must establish the first two elements, while the plaintiff must establish the absence of the third element.

Meanwhile, Section 2.02 further provides that an adult who is 21 or older is generally liable for damages proximately caused by the intoxication of a minor under 18 if the adult knowingly served or provided to the minor any of the alcoholic beverages that contributed to their intoxication, or allowed the minor to be served or provided any of the alcoholic beverages that contributed to their intoxication on the premises owned or leased by the adult. This law does not apply to the parent, guardian, or spouse of the minor.

Utah Dram Shop Law

The dram shop law imposes liability for selling alcohol to people who are underage or apparently under the influence, among other situations.

Utah Code Section 32B-15-201 provides that a person is liable if they directly give, sell, or otherwise provide alcohol to a certain type of person as part of the commercial sale, storage, service, manufacture, distribution, or consumption of an alcoholic product, and the intoxication of the person provided the alcoholic product causes injuries or death to someone else. Customers covered under this provision include a person under the age of 21, a person apparently under the influence of alcohol or drugs, a person whom the party furnishing the alcoholic product knew or should have known was under the influence, or a person who is a known interdicted person.

Meanwhile, someone who is 21 or older is liable for resulting injuries if they directly gave or otherwise provided alcohol to someone whom they knew or should have known was under 21, this caused the intoxication of that person, an injury resulted from the intoxication, and the person who is 21 or older is not liable under the theory in the previous paragraph because they did not directly give or provide the alcoholic product as part of the commercial sale, storage, service, manufacture, distribution, or consumption of an alcoholic product.

This law does not apply to businesses licensed to sell beer at retail only for off-premise consumption.

Vermont Dram Shop Law

The dram shop law imposes liability for selling alcohol to a minor or a person apparently under the influence, among others.

Revised in 2023, the latest version of 7 Vermont Statutes Section 501 provides that an injured person will have a right of action against any liquor licensee who caused the intoxication of an intoxicated person by selling or furnishing alcohol to a minor or to a person after legal serving hours. The statute further provides that an injured person may bring an action against a licensee who negligently furnishes alcohol to a person who is apparently under the influence of alcohol, or who it would be reasonable to expect would be under the influence considering the amount of alcohol served by the licensee. Negligence means that the licensee knows (or a reasonable and prudent person in similar circumstances would know) that the person being served is intoxicated. “Apparently under the influence” means a state of intoxication accompanied by a perceptible act or series of actions that present signs of intoxication.

The statute also imposes liability on a social host who knowingly furnishes alcohol to a minor if the social host knew (or a reasonable person in the same circumstances would have known) that the person receiving the alcohol was a minor. A “social host” is defined to include anyone who is not the holder of a liquor license or permit and is not required to hold a license or permit.

A two-year statute of limitations applies to any of these claims. Evidence of responsible actions taken or not taken is admissible. The statute provides examples of these actions.

Virginia Dram Shop Law

There is no dram shop liability in Virginia.

Virginia does not have a dram shop statute, and the Virginia Supreme Court has observed that the common law considers the act of selling the intoxicating beverage as too remote to be a proximate cause of an injury resulting from the negligent conduct of the purchaser of the drink. The Court felt that the decision to abrogate such a fundamental rule is the function of the legislature rather than the courts. It also found that a violation of the Alcoholic Beverage Control Act does not constitute negligence per se and does not support a civil action for damages.

More recently, the Virginia Supreme Court refused to create an exception for underage drinkers. It found that the fact that they cannot legally purchase alcohol does not alter their responsibility for torts that they commit.

Washington Dram Shop Law

Although the statutes do not explicitly impose civil liability, courts have imposed liability in situations involving minors and people apparently under the influence.

Revised Code of Washington Section 66.44.200 provides that nobody can sell liquor to anyone who is apparently under the influence of liquor. Meanwhile, Section 66.44.270 provides that nobody can sell, give, or otherwise supply liquor to anyone under the age of 21, or permit anyone under 21 to consume liquor on their premises. These laws do not explicitly impose civil liability, but the Washington Supreme Court has established liability in many of these situations.

The Court initially noted that a commercial purveyor of alcoholic beverages may be held liable for damages caused by providing intoxicating beverages to an obviously intoxicated person. However, the Court later ruled that the looser “apparently under the influence” standard in Section 66.44.200 establishes a standard for a seller’s civil liability for damages caused to a third party by an intoxicated driver. Meanwhile, the Court has maintained that third persons injured by an intoxicated minor purchaser have a cause of action in negligence against the vendor who sold alcohol to the minor.

The Washington Supreme Court has declined to hold a social host liable for injuries caused by intoxicated minors or adults to third parties, even though the host may be liable to an intoxicated minor.

Washington, D.C. Dram Shop Law

Courts have held that a claim can arise from a violation of a statute that covers situations involving underage or intoxicated (or apparently intoxicated) people.

District of Columbia Code Section 25-781 prohibits selling or delivering alcohol to a person under 21 or to an intoxicated person, or a person who appears to be intoxicated. Although it does not explicitly provide for a civil cause of action, the District of Columbia Court of Appeals has established dram shop liability based on a violation of the statute. For example, the Court of Appeals has held that third parties who are injured because of the acts of an intoxicated person state a cause of action against a “tavern keeper” when they allege that the defendant violated the statute (then codified elsewhere) by serving a patron who was (or appeared to be) already intoxicated, and that the statutory violation caused their injuries.

More recently, in an opinion by future U.S. Supreme Court Justice Brett Kavanaugh, the U.S. Court of Appeals for the District of Columbia Circuit reaffirmed that a violation of Section 25-781 constitutes negligence per se.

West Virginia Dram Shop Law

Courts have imposed liability for sales that are prohibited by the liquor laws, based on another, more general statute.

West Virginia Code Section 60-3A-25 prohibits a retail liquor licensee (or their employee) from selling to any person under 21 or to any person who is visibly intoxicated, as well as selling liquor outside the hours permitted for the sale of liquor by retail licensees. While this statute does not directly authorize civil liability, Section 55-7-9 provides that any person injured by the violation of any statute may recover from the offender such damages that they sustain because of the violation.

Reading Section 55-7-9 together with a statute roughly parallel to Section 60-3A-25, regulating alcohol provided by licensed private clubs, the West Virginia Supreme Court of Appeals has ruled that someone who is licensed to sell alcohol in the state and sells to an intoxicated person in violation of the law is liable for damages suffered by others as a result of the illegal sale. Interpreting yet another parallel law involving the sale of non-intoxicating beer, the Supreme Court of Appeals similarly held that the sale of beer to a person under 21 in violation of that statute supports a cause of action against the vendor in favor of someone injured as a result of the unlawful sale.

Meanwhile, the Supreme Court of Appeals has ruled that without a basis in common-law negligence or a statutory enactment, there is generally no liability on the part of a social host who gratuitously furnishes alcohol to a guest when an injury to an innocent third party occurs as a result of the guest’s intoxication.

Wisconsin Dram Shop Law

The dram shop law limits liability almost entirely to situations involving underage drinking.

Wisconsin Statutes Section 125.035 provides that a person is immune from civil liability arising out of procuring alcohol for someone or selling, dispensing, or giving away alcohol to someone. There is an exception if the person procuring, selling, dispensing, or giving away alcohol forcibly causes its consumption or represents that the beverage contains no alcohol.

More notably, an exception applies to people who sell, dispense, or give away alcohol to an underage person (or procure alcohol for an underage person), including a liquor licensee or permittee. These people are not shielded from liability if they knew or should have known that the underage person was under the legal drinking age and if the alcohol provided to the underage person was a substantial factor in causing injuries to someone else. However, they are shielded from liability if the underage person falsely represented that they had attained the legal drinking age, they presented documentation to that effect, the alcohol was provided in good-faith reliance on the representation, and the appearance of the underage person would have caused an ordinary and prudent person to believe that they had attained the drinking age.

Wyoming Dram Shop Law

The dram shop law imposes liability when alcohol is provided illegally.

Wyoming Statutes Section 12-8-301 provides that no person who has legally provided alcohol to someone is liable for damages caused by the intoxication of that person. However, this shield from liability does not extend to people who provide alcohol illegally, such as providing it to minors. The Wyoming Supreme Court has explained that the clear intent of the statute is to immunize both vendors and social hosts from liability for damages caused by people to whom they legally provided alcohol. In the same case, the Court noted that it is not legal to provide alcohol to a minor who is not a member of the person’s immediate family, or their legal ward or medical patient.

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