Chapter 15: Dram Shop LiabilityA. Definition
B. Elements
1. Claimant is a qualified plaintiff under the statute
2. The defendant is either a licensed establishment or a social host
3. In the case of a licensed establishment, the defendant willfully and knowingly served alcoholic beverages to a person who was:
a) less than 21 years old; or
b) visibly intoxicated
In the case of a social host, the defendant knowingly:
a) served alcoholic beverages to a person who was less than 21 years old; or
b) provided a place to consume alcoholic beverages to a person who was less than 21 years old
4. The service of alcoholic beverages proximately caused the injury to plaintiff
C. Elements Defined
D. Defenses
Deception as to Patron’s Age
Designation of Nonparty at Fault
Statute of Limitations
Students of Culinary Arts, Food Service, and Restaurant Management
E. Remedies
F. Forms
Complaint for Dram Shop Liability
Complaint for Social Host Liability
