July Last Call Responsible Alcohol by Tara Cammarata



What are your reasonable efforts? Let's go through some questions.
  1. Do you train your employees?
  2. Do you provide non-alcoholic beverages?
  3. Do you measure alcohol beverages?
  4. Do you offer food?
  5. Do you check IDs?
  6. Do you provide alternate transportation?
  7. Do you stop service of alcohol?
  8. Do you document alcohol related incidents?
  9. Do you call law enforcement for assistance?
If you answered no to any of these questions, then it is time to re-evaluate your business practices so that no one in the community gets injured.
 
Alcohol based businesses are held liable for death, injury, and property damage. Under strict liability, business owners are responsible for their employees even if they are not present during the time of the incident. Throughout the US if minors or visibly intoxicated patrons (VIP’s) are served alcohol by a licensed establishment and cause harm then the business, ownership, management, and team members can be held accountable under Dram Shop liability or common negligence. Dram Shop laws are also known as 3rd party liability. The first party is the business, owner, server, and seller. The 2nd party is the minor or VIP’s, and the 3rd party is the victim. If a victim is struck by a VIP then the victim may sue the intoxicated individual, the server, bartender, manager, owner, and the business.
 
The difference in common negligence is based on prior court cases and based on a minimum expectation that a reasonable person should take to prevent the incident. This is why the law requires a reasonable effort to prevent minors and VIP’s from being served, sold, or given alcoholic beverages. The law also requires you to step in and take reasonable intervention steps to help and assist the VIP or minor.
 
Make sure your reasonable efforts show that your team and establishment is committed to the safety of your patrons and community.
 
This blog is not intended to be a substitute for the user's judgement and common sense. Any errors are unintentional.


View All Recent Posts