What are Alcohol Providers?
Traditionally, alcohol providers were not responsible for selling to minors and intoxicated individuals. This rule applied even though an intoxicated person might get into an accident at a later time because of the alcohol that was provided. However, recent laws and regulations have provided that alcohol providers can be held liable for distributing alcohol to minors. What Type of Persons are Protected?
Alcohol providers can be held liable for selling their product to various types of persons. These individuals include: - Intoxicated persons
- Minors
- Persons known to be excessive drinkers
What are Some Consequences for Selling to Protected Persons?
State governments have created a variety of laws that are meant to punish alcohol providers. These types of punishment include: - Cause of action for negligence
- Review of Alcohol License
- Criminal Prosecution
How are Alcohol Providers Responsible?
Most courts have provided that alcohol providers owe protected persons a reasonable duty of care. Basically, this means that alcohol providers must act in a manner that any reasonable provider of alcohol would act in a similar situation. Therefore, providers of alcohol must take reasonable steps to ensure that they are not serving minors or intoxicated persons. What are Some Steps to Protect Alcohol Providers from Liability?
Alcohol providers can take some practical and common sense steps to protect themselves from civil or criminal liability. These steps include: - Checking for Identification - States now require all alcohol providers to check for identification
- Regularly Monitor Consumption of Alcohol - This can help to prevent intoxicated persons from getting into accidents
- Provide Designated Drivers - Many hotels, bars, etc can provide taxi services to individuals who they believe are unable to drive
Should I Hire an Attorney?
An experienced attorney can help to determine the civil or criminal liability of alcohol providers. In addition, attorneys can provide valuable information to alcohol providers on current laws and regulations. |
