A Call to Arms? Alternative Approaches to PA Dram Shop Liability.
January 29, 2009
PA's current dram shop law holds that establishments licensed to serve alcohol are not liable for third-party injuries unless the injured party can show that the intoxicated person "was sold, furnished or given liquor or malt or brewed beverages by the said [establishment] or his agent, servant or employee when the said customer was visibly intoxicated." Although the statute does not specifically state that an intoxicated person can recover for his own injuries, PA courts have read this right into the statute. In the linked opinion piece, two PA lawyers question whether this is good public policy and suggest alternative approaches.