Dram Shop and Liquor Liability 
When an intoxicated individual makes a poor decision, such as drunk driving or violent behavior, and this leads to you or a loved one getting hurt, you have the right to pursue justice.
However, more than one party may be at fault for the incident that led to injuries. If a bar or restaurant contributed to the individual’s intoxication, you could hold them accountable through dram shop laws.
Safe harbor provisions in dram shop liability cases refer to legal protections that may shield certain alcohol-serving establishments from fault under specific circumstances.
Businesses use these as a defense when they are being sued by showing they met certain guidelines or rules set by the state they are in. Contact Dan Doyle Law Group today to learn more about safe harbor provisions and how they may affect your case.
Safe harbor provisions originated as a legal concept designed to provide specific protections for individuals or entities engaging in activities that might otherwise be legally ambiguous or potentially lead to liability. The term “safe harbor” is borrowed from maritime navigation, where it refers to a place of refuge for ships to avoid storms or dangerous conditions.
The context of dram shop liability regulations is a more recent adaptation. These rules are designed to encourage responsible liquor service by providing legal protections to establishments that adhere to certain practices, such as verifying patrons’ age or participating in alcohol training programs. This incentivizes compliance, ultimately promoting public safety while offering some legal protections to businesses.
An institution invoking these defenses must provide evidence to support its claim that it acted in accordance with the law and followed proper procedures. For example:
If an establishment serves spirits to a minor who presents a form of identification that appears valid and indicates that the individual is of legal drinking age, this might be used as a defense. The establishment must prove that the bartender acted in good faith and truly believed the ID was genuine.
Businesses can prove they have implemented and enforced responsible alcohol service training programs for their employees as a defense. These programs typically include training on recognizing signs of intoxication, understanding the laws related to liquor service, and proper ID-checking procedures.
If an entity can demonstrate that it did not know, nor could reasonably have known, that a patron was visibly intoxicated, it might use that as a defense. This might include situations where the drunk person did not exhibit obvious signs of impairment while being served.
Following all state and local laws and regulations related to alcohol service can also be a defense. For example, maintaining proper records, adhering to hours of operation, and following guidelines related to the sale and service of alcohol are all good forms of supporting evidence.
The effectiveness of these safe harbor defenses depends on the court and the state the claim is in. It is best to consult a knowledgeable lawyer to craft the best argument.
Working with the seasoned personal injury attorneys at Dan Doyle Law Group could make a significant difference when you are dealing with a lawsuit. We have a proven track record in settlement negotiations and court, always putting client’s needs first.
Our hardworking legal team could help you understand safe harbor provisions in dram shop liability cases, hold an at-fault party accountable, or ensure your policies and training programs are robust and compliant. Call today for more information and guidance.
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