MBE Rules · Torts
Dram-shop / tavern-keeper liability
The rule
At common law, providers of alcohol owed no duty to third persons injured by an intoxicated patron. Most states now impose liability by dram-shop statute, or by judicial decision, when a commercial vendor serves alcohol to a visibly intoxicated person or to a minor and that patron then injures a third party. Social-host liability is generally recognized only when alcohol is served to minors.
In plain English
Bars and liquor stores can be sued by third parties (usually car-crash victims) injured by patrons the bar over-served. Rules vary sharply by state; the trigger is typically visible intoxication or service to a minor.
How examiners test it
Bartender keeps serving an obviously drunk customer who then drives and hits a pedestrian. Analyze under the jurisdiction's dram-shop statute.
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