that is when some one gets hurt or killed after drinking at a bar. then the resulting lawsuit is called dram shop.
2006-12-02 04:47:48
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answer #1
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answered by Anonymous
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Dram Shop Act
A legislative enactment imposing strict liability upon the seller of intoxicating beverages when the sale results in harm to a third party's person, property, or means of support. Under common law, no cause of action existed against the person dispensing intoxicating beverages for the resulting damages that might be inflicted by the intoxicated person. The common law theorized that the proximate cause of the injury was not the furnishing of liquor but rather the act of the purchaser in drinking the liquor. 143 P. 2d 952, 955. In many jurisdictions, the legislature has enacted civil damage acts or "dram shop acts" creating a statutory remedy against the seller of intoxicating beverages, provided that the resulting intoxication causes the injury. Under such acts, the plaintiff has a cause of action against the vendor when, by reason of the intoxication of another, he or she sustains personal injury, property damage, or loss of support. Under this theory, some jurisdictions have held that a spouse may recover "for his or her loss of support" when the other spouse dies as a result of intoxication, either their own or another's. 158 N.E. 2d 7, 9. Since the statute involves strict liability, the plaintiff need not show negligence on the part of the seller. The law is unsettled though, as to the seller's rights of indemnity from the intoxicated person who proximately caused the injury. 45 Am. Jur. 2d §612.
2006-12-02 12:48:18
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answer #2
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answered by Paultech 7
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