Dram shop liability laws
Dram shop liability laws, also called commercial host liability laws, hold an alcohol retailer legally responsible for injuries or damage caused by selling or serving alcohol to intoxicated or underage customers. In states with such laws, retailers have civil liability when an injured third party files a lawsuit1, 2. Laws vary in total liability and criteria for limitations on damages, who may be sued, and elements or standards of proof2, 3.
What could this strategy improve?
Expected Benefits
Our evidence rating is based on the likelihood of achieving these outcomes:
Reduced fatal and non-fatal injuries
Potential Benefits
Our evidence rating is not based on these outcomes, but these benefits may also be possible:
Reduced alcohol-related crashes
Reduced alcohol use
What does the research say about effectiveness?
There is strong evidence that dram shop liability laws reduce alcohol-related motor vehicle fatalities among adult and underage drinkers4.
Dram shop liability laws appear to decrease fatal crashes among underage drivers who drink relative to non-drinking peers5, 6, but do not appear to reduce binge drinking or teen alcohol consumption4, 7. States with strong dram shop liability laws are associated with lower per capita beer consumption than states with weaker laws6.
How could this strategy impact health disparities? This strategy is rated no impact on disparities likely.
Implementation Examples
As of 2015, 37 states impose dram shop liability for service to intoxicated adult customers via statute, common law, or both1. As of January 2017, nearly all states (except for Delaware, Kansas, Maryland, Nevada, South Dakota, and Virginia) impose liability for service to underage customers; 28 states and Washington, D.C. have civil liability without limitation2.
Implementation Resources
ChangeLab-CHL - ChangeLab Solutions (ChangeLab). Commercial host (Dram shop) liability FAQ (CHL).
US DHHS-Underage drinking 2018 - U.S. Department of Health and Human Services (U.S. DHHS), Substance Abuse and Mental Health Services Administration (SAMHSA). 2018 State performance and best practices for the prevention and reduction of underage drinking; 2018.
Footnotes
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1 ChangeLab-CHL - ChangeLab Solutions (ChangeLab). Commercial host (Dram shop) liability FAQ (CHL).
2 US DHHS-Underage drinking 2018 - U.S. Department of Health and Human Services (U.S. DHHS), Substance Abuse and Mental Health Services Administration (SAMHSA). 2018 State performance and best practices for the prevention and reduction of underage drinking; 2018.
3 NCSL-Dram shop - National Conference of State Legislators (NCSL). Dram shop civil liability and criminal penalty state statutes. 2013.
4 CG-Alcohol - The Guide to Community Preventive Services (The Community Guide). Excessive alcohol consumption.
5 Fell 2016 - Fell JC, Scherer M, Thomas S, Voas RB. Assessing the impact of twenty underage drinking laws. Journal of Studies on Alcohol and Drugs. 2016;77(2):249-260.
6 Scherer 2015 - Scherer M, Fell JC, Thomas S, Voas RB. Effects of dram shop, responsible beverage service training, and state alcohol control laws on underage drinking driver fatal crash ratios.Traffic Injury Prevention. 2015;16(0 2):S59-S65.
7 Romano 2015 - Romano E, Scherer M, Fell J, Taylor E. A comprehensive examination of U.S. laws enacted to reduce alcohol-related crashes among underage drivers. Journal of Safety Research. 2015;55:213-221.
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