Massachusetts Liquor Liability & Dram Shop Laws

Unfortunately, accidents involving an intoxicated person are some of the most common personal injury law suits. These accidents may range from the more common “drinking and drivingcar accidents to physical assault caused by an intoxicated person. After the fact, finding liability for these accidents may seem difficult.

Accidents involving an intoxicated person may appear daunting at first. In some cases, the blame extends beyond the individual responsible for another’s injuries and to the person or establishment who served the liquor. Massachusetts and many other states across the country have enacted a “Dram Shop law” in an effort to protect the public. In Massachusetts, someone suffering from physical injury, property damage, or other damage may sue the licensed liquor provider who served an intoxicated person (Mass Gen. Laws 138 § 69). This law dictates that wait staff, bartenders, and owners all have a responsibility to ensure that no patron becomes too intoxicated or is served after a certain limit. Owners are encouraged to provide training to their staff in order to determine what this limit is.

Oftentimes, this training is provided through an agency called Training for Intervention Procedures, or TIPS. TIPS promotes and trains wait staff, servers, and other workers in the responsible sale, service, and consumption of alcoholic beverages. When training is provided through TIPS, shops often receive a break in their insurance requirements.In Massachusetts, shops that provide alcohol are mandated to have some sort of liquor liability coverage against litigation. As of July 2010, the minimum coverage for these institutions are $250,000 per person and $500,000 per accident. As this is the legal minimum, however, most have significantly higher coverage, averaging at approximately $1 million in coverage.

Liquor liability cases do not have to go exclusively through Dram Shop cases. In addition, attorneys may also pursue cases under the Common Negligence Laws. These laws address negligent behavior, with negligence defined as not doing what any reasonable person would normally do as applied to a specific set of circumstances. When applied to alcohol related incidents, it can be assumed that a server or seller is expected to follow a specific set of procedures. If these procedures aren’t followed, the server has acted negligently.

If the incident occurred at a private home or event, there are also laws protecting those who are injured by an intoxicated person. Social Host Laws are specific laws stating that social hosts or parties or functions that provide alcohol to their guests can be held responsible for the actions of the guest if alcohol has been served improperly. This protection includes the provision of alcohol to guests who are too intoxicated, as well as minors.

At Sheff Law, we understand that injuries as a result of liquor liability have an enormous impact on victims and their families. If you or a loved one has been injured by an intoxicated individual who became intoxicated at a bar or restaurant, you might have a dram shop case.

If you or a loved one has been injured by an intoxicated individual, please fill out the form, or call an experienced Boston attorney at Sheff Law at 617-227-7000 or 888-423-4477 (toll free) to schedule a free of charge initial consultation.