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Dram shop liability laws

Evidence Rating
Strategies with this rating are most likely to make a difference. These strategies have been tested in many robust studies with consistently positive results.
Disparity Rating
No impact on disparities likely
Community Conditions
Alcohol and drug use
Societal Rules
Laws and policies
Authors
Lead: Bomi Kim Hirsch
Contributor(s): Alison Bergum, Jessica Rubenstein
Acknowledgements: Kate Austin Stanford, Kiersten Frobom, Jane Sachs
Date Last Updated
December 19, 2018

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 lawsuit (ChangeLab-CHL, US DHHS-Underage drinking 2018). Laws vary in total liability and criteria for limitations on damages, who may be sued, and elements or standards of proof (US DHHS-Underage drinking 2018, NCSL-Dram shop).

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 drinkers (CG-Alcohol).

Dram shop liability laws appear to decrease fatal crashes among underage drivers who drink relative to non-drinking peers (Fell 2016, Scherer 2015), but do not appear to reduce binge drinking or teen alcohol consumption (CG-Alcohol, Romano 2015). States with strong dram shop liability laws are associated with lower per capita beer consumption than states with weaker laws (Scherer 2015).

Implementation Examples -+

As of 2015, 37 states impose dram shop liability for service to intoxicated adult customers via statute, common law, or both (ChangeLab-CHL). 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 limitation (US DHHS-Underage drinking 2018).

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.

Citations -+

* Journal subscription may be required for access.

CG-Alcohol - The Guide to Community Preventive Services (The Community Guide). Excessive alcohol consumption.

ChangeLab-CHL - ChangeLab Solutions (ChangeLab). Commercial host (Dram shop) liability FAQ (CHL).

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.

NCSL-Dram shop - National Conference of State Legislators (NCSL). Dram shop civil liability and criminal penalty state statutes. 2013.

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.

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.

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.