Dram Shop Liability and Alabama’s Social Host Laws

Whether you’re a lifelong Alabamian or a recent addition to our state, you may find yourself asking questions about the concept of “dram shop liability.” According to the Alabama Department of Transportation (ALDOT), drug and alcohol impairment played a role in over 5,000 traffic crashes in 2022, and those accidents resulted in 198 fatalities. Alabama’s dram shop and social host laws aim to cut down on these devastating accidents by holding certain establishments that serve liquor liable for drunk driving incidents.

If you or a loved one suffered injuries in a crash involving an intoxicated driver, these legal statutes could affect your case. Let’s take a closer look at who can and cannot be deemed liable under Alabama’s dram shop liability and social host laws.

Dram shop liability: In a nutshell

Under Alabama dram shop law, alcohol vendors like bars, restaurants, and liquor stores may bear some level of liability for drunk driving accidents if:

• The vendor sells or gives alcohol to a visibly intoxicated person.
• The vendor serves alcohol to a minor (under 21 years old).

In these cases, the establishment that sold alcohol to the intoxicated or underage individual can be held legally responsible for any damages caused by the inebriated party’s actions. For example, if a bartender serves alcohol to someone who is visibly intoxicated, the bar could be held liable and required to pay damages if the intoxicated person causes a traffic accident on their way home. The same statute would apply if a liquor store clerk knowingly sold alcohol to a person under the age of 21 and that underage customer was later involved in a drunk driving accident.

This is why it is so important for bartenders, store clerks, and other alcohol providers to have adequate training and licensure before selling alcohol to the public, and why they must be willing to refuse service to individuals who should not be consuming alcohol. The consequences for furnishing alcohol to intoxicated or underage individuals can be severe, and no sale is worth the potential personal, professional, or financial costs of drunk driving accidents.

What about social host laws?

While dram shop laws apply to licensed vendors of alcohol, social host laws address the responsibility of individuals who provide alcohol in private settings. Social host laws can apply to a variety of settings, including parties, family gatherings, holiday celebrations, and more.

Whereas Alabama’s dram shop laws cover alcohol sales to both minors and intoxicated adults, Alabama’s social host laws only deal specifically with the consequences of knowingly furnishing alcohol to minors in social settings. Essentially, the law stipulates that if an adult provides a venue for underage drinking, the social hosts can be held liable for damages related to the intoxicated minors’ actions.

For example, if an adult knowingly provides alcohol to someone under the legal drinking age during a holiday gathering at their home, and that minor later causes a car accident, the host could be held responsible for resulting injuries and damages related to the accident. Remember, furnishing alcohol to a minor doesn’t just have liability implications – it can have criminal ones. Under Alabama law, it is considered a misdemeanor crime to knowingly distribute alcohol to a minor, and those found guilty of engaging in this practice can face hefty fines and even prison time in addition to any additional damages for which they may be deemed liable.

Dram shop liability vs. social host liability: at a glance

Dram shop liability and social host laws aim to reduce drunk driving accidents. However, there are some key differences between these laws, including:

	Dram shop liability	Social host law
Applies to:	Licensed establishments like stores and restaurants	Individuals hosting private gatherings
Covers:	Serving alcohol to intoxicated people of any age as well as sales to minors	Distribution of alcohol to minors in private settings
Standard of liability:	Patron is visibly intoxicated or underage	Knowledge of social guest’s underage status

 

Prior to seeking damages from a third party in a drunk driving incident, it’s important for injured parties to consider the factors outlined above in addition to seeking support from experienced legal representation. Top-tier injury lawyers like those at Martin and Helms have comprehensive knowledge of Alabama’s specific dram shop and social host laws and can help clients gain a clear understanding of their rights in the wake of an accident. The experienced team at Martin and Helms is committed to helping clients determine and pursue the best possible course of action for their unique case and can help accident victims recover the damages they deserve.

The role of dram shop and social host laws in drunk driving cases

Following a drunk driving accident, it is not uncommon for injured parties to focus their damage recovery efforts exclusively on the intoxicated individual who caused their action. This, however, may not always be the best course of action for individuals seeking to recover comprehensive damages for their injuries and pain and suffering.

If the actions of a third party (like a bartender or party host) directly contributed to a drunk driving accident, injured victims have the right to pursue compensation from that party to help maximize their settlement. By leveraging dram shop or social host laws, accident attorneys may be able to uncover additional sources of compensation, which can be used to provide the financial support clients need to enhance their post-accident recovery.

Additionally, dram shop and social host liability laws play a vital role in promoting public safety. By attaching liability in these cases, alcohol providers and social hosts are incentivized to make better choices when it comes to serving alcohol and to refrain from engaging in practices that could compromise public welfare. As drunk driving continues to pose a pervasive threat in Alabama and across the country, the legal system affords individuals and their representatives a variety of options to offset the potentially life-changing consequences of drunk driving accidents while setting clear standards for the conduct of businesses that serve alcohol.

Seeking representation in a drunk driving case?

If you’ve been injured by a drunk driver in Alabama, it’s important to consult with a qualified accident attorney as soon as possible. Time is of the essence in these cases to ensure no evidence is lost and that no pertinent deadlines are missed. The team at Martin and Helms is standing by to take your call and to help you set the course for successful navigation of Alabama’s often complex legal system.

Our team can help you determine whether dram shop or social host liability applies in your case. If you or a loved one is looking for support while recovering from a drunk driving accident, you can contact the Martin and Helms team by phone or by filling out our online contact form. We’d be happy to schedule a free case consultation so we can take the next steps together towards helping you recover from your accident emotionally, physically, and financially.