How to Minimize Civil Liability; Recommendations for Sellers and Servers of Alcoholic Beverages

alcoholic-beverages

Donald J. Simonini, Consultant ::::
Introduction
Business owners that hold licenses to sell or serve alcoholic beverages (licensees) must follow regulations set forth by the host state as part of the terms of their licenses. Failure to remain in compliance with regulations can result in fines, suspension of licensing privileges, forced divestiture, or revocation of the license. Additionally, licensees may face civil liability under their Dram Shop coverage. Two typical events that trigger this liability are serving a patron an alcoholic beverage when the patron was intoxicated, and serving a patron who is not of the legal age to purchase alcohol.
Culpability and liability are determined by the laws of the host state, and there are some complexities in the differences of these statutes from state to state. However, there are actions that a licensee in any state can take to minimize their civil liability. The goal of this article is to describe three methods of mitigating the culpability, and companion liability that licensees face in operating their businesses. Continue reading “How to Minimize Civil Liability; Recommendations for Sellers and Servers of Alcoholic Beverages”