That's very broad, and the laws really vary from state to state. But generally speaking, at least in many areas, the owner of a bar is liable of they "knowingly" serve alcohol to someone who is "obviously/visibly intoxicated" and that person proceeds to injure someone. The difficulty is proving the bartender should have known this guy was so intoxicated; it hinges a lot upon eye witnesses and other factors such as BAL. Many plaintiff attorneys will argue that if the BAL was X%, then he must have been obviously intoxicated. Expert testimony is also often a huge part of a trial. Ex: If this person was plasterd, wobblin around and they served him another drink and then this person subsequently left the bar and on his way home swerved and killed someone, the estate or family of the deceased could sue the bar, if they could prove the above facts.
That's the general shtick. I could go into much more, but hope this get's what you're looking for.
2006-11-16 10:12:57
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answer #1
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answered by straightup 5
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Dram shop laws were created to provide a liability framework for those who serve alcohol. The point is more liability if the person serves the other person while they're visibly intoxicated, but lesser or no liability just for serving alcohol when the person subsequently goes and does something stupid later.
http://en.wikipedia.org/wiki/Dram_Shop
2006-11-16 18:10:36
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answer #2
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answered by Perdendosi 7
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