Alcohol-service liability: Consequences of guest intoxication

Abstract

The purpose of this study is to examine the legal responsibilities of owners of establishments that sell and/or serve alcoholic beverages to their patrons and other people who may be assaulted or injured by those patrons in the establishment or after leaving the establishment. Examination of 246 actual court cases revealed that the plaintiff's claims are likely to fall under either the restaurant, bar, hotel, club or other hospitality operators' failure to exercise reasonable care to protect patrons from injury at the hands of other patrons, failure to maintain a safe and orderly establishment, or from patrons injuring bystanders in violation of a dram shop act. However, findings indicated that violations of a dram shop act are likely to have the most devastating effect on the business.