LIQUOR LIABILITY – SELLER BEWARE!! (Part V)

Part 5 – Alabama’s Civil Damages Act (additional considerations) Why should a “kid” who buys alcohol be able to sue the bar or store? Under the Civil Damages Act, only a parent or legal guardian of the minor can sue a business for selling or furnishing alcohol to the...

LIQUOR LIABILITY – SELLER BEWARE!! (Part IV)

John is leaving a local restaurant in Huntsville, Alabama. While there, he had “a few drinks.” The waiter asked if John was alright to drive. John told the waiter he was “fine.” On the way home to Athens, John veers off the road and slams into a culvert. John is...

LIQUOR LIABILITY – SELLER BEWARE!! (Part III)

Part 3 – Alabama’s Dram Shop Act (additional considerations) But no one forced them to drink alcohol or get drunk! Under Alabama’s Dram Shop Act, consent (the voluntary consumption of alcohol) is not a defense to liability. There are two primary reasons for this: 1)...

LIQUOR LIABILITY – SELLER BEWARE!! (Part II)

Part 2 – Alabama’s Dram Shop Act (“in violation of the law”) For there to be liability under Alabama’s Dram Shop Act, the alcohol must have been provided “in violation of the law.” Selling alcohol to someone who is visibly intoxicated is “in violation of the law,” as...

LIQUOR LIABILITY – SELLER BEWARE!! (Part I)

You have just gotten off work. It has been a long day. You are tired and your feet hurt. You would like nothing better than to get home, prop your feet up, and relax. Heading south on Memorial Parkway in Huntsville, Alabama, you take the Martin/Vermont Roads exit. As...