Dram Shop Laws
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Alabama has several laws which make it possible - and frequently
advisable - to hold accountable those who bear legal culpability for
drunk-driving wrecks beyond the drunk driver. For example, those
who serve alcohol to minors who cause wrecks can be held
accountable, as can restaurants and clubs who serve alcohol to
those already intoxicated.
Here is a sampling of Alabama laws on the topic of holding
accountable those who wrongfully facilitated the conduct of the drunk
driver:
The “Open House Party” Law: Ala.Code §13-11-10.1 provides:
...
(b) No adult having control of any residence, who has authorized an
open house party at the residence and is in attendance at the party,
shall allow the open house party to continue if all of the following
occur:
(1) Alcoholic beverages or controlled substances are illegally
possessed or illegally consumed at the residence by a person
under the age of 21.
(2) The adult knows that an alcoholic beverage or controlled
substance is in the illegal possession of or is being illegally
consumed by a person under the age of 21 at the residence.
(3) The adult fails to take reasonable action to prevent illegal
possession or illegal consumption of the alcoholic beverage or
controlled substance.
The “Dram Shop” Law: Ala.Code 6-5-71 provides:
(a) Every wife, child, parent, or other person who shall be injured in
person, property, or means of support by any intoxicated person or in
consequence of the intoxication of any person shall have a right of
action against any person who shall, by selling, giving, or otherwise
disposing of to another, contrary to the provisions of law, any liquors
or beverages, cause the intoxication of such person for all damages
actually sustained, as well as exemplary damages.
The “Dram Shop” Law usually creates liability in one of two ways:
when establishments licensed by the Alabama ABC Board serve
persons who appear intoxicated, and when establishments
provide alcohol to minors. Ala. Admin. Code r. 20-X-6-.02
provides: (4) No ABC Board on-premises licensee, employee or
agent thereof shall serve any person alcoholic beverages if such
person appears, considering the totality of the circumstances, to be
intoxicated. And Ala. Admin. Code r. 20-X-6-.10 provides: (1) It
shall be unlawful for any minor to sell, serve, dispense or consume
alcoholic beverages on any licensed premises.
advisable - to hold accountable those who bear legal culpability for
drunk-driving wrecks beyond the drunk driver. For example, those
who serve alcohol to minors who cause wrecks can be held
accountable, as can restaurants and clubs who serve alcohol to
those already intoxicated.
Here is a sampling of Alabama laws on the topic of holding
accountable those who wrongfully facilitated the conduct of the drunk
driver:
The “Open House Party” Law: Ala.Code §13-11-10.1 provides:
...
(b) No adult having control of any residence, who has authorized an
open house party at the residence and is in attendance at the party,
shall allow the open house party to continue if all of the following
occur:
(1) Alcoholic beverages or controlled substances are illegally
possessed or illegally consumed at the residence by a person
under the age of 21.
(2) The adult knows that an alcoholic beverage or controlled
substance is in the illegal possession of or is being illegally
consumed by a person under the age of 21 at the residence.
(3) The adult fails to take reasonable action to prevent illegal
possession or illegal consumption of the alcoholic beverage or
controlled substance.
The “Dram Shop” Law: Ala.Code 6-5-71 provides:
(a) Every wife, child, parent, or other person who shall be injured in
person, property, or means of support by any intoxicated person or in
consequence of the intoxication of any person shall have a right of
action against any person who shall, by selling, giving, or otherwise
disposing of to another, contrary to the provisions of law, any liquors
or beverages, cause the intoxication of such person for all damages
actually sustained, as well as exemplary damages.
The “Dram Shop” Law usually creates liability in one of two ways:
when establishments licensed by the Alabama ABC Board serve
persons who appear intoxicated, and when establishments
provide alcohol to minors. Ala. Admin. Code r. 20-X-6-.02
provides: (4) No ABC Board on-premises licensee, employee or
agent thereof shall serve any person alcoholic beverages if such
person appears, considering the totality of the circumstances, to be
intoxicated. And Ala. Admin. Code r. 20-X-6-.10 provides: (1) It
shall be unlawful for any minor to sell, serve, dispense or consume
alcoholic beverages on any licensed premises.
This website is sponsored by Lawrence T. King, Lindsey O. Simmons, and D. Alexander Ealy
of the Birmingham law firm, King Simmons, P.C. No representation is made that the quality of
the legal services to be performed is greater than the quality of legal services performed by
other lawyers.
of the Birmingham law firm, King Simmons, P.C. No representation is made that the quality of
the legal services to be performed is greater than the quality of legal services performed by
other lawyers.
Please call Larry King, Lindsey Simmons, or Alex Ealy at (205) 871-1310.