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Dram shop laws impose liability on alcohol sellers for damages caused by drunk individuals. These laws apply to bars, restaurants, and liquor stores, and can affect anyone who profits from alcohol. Liability varies by state and is determined by the “obvious intoxication test”.
Dram shop is a legal term in the United States that refers to a place that sells alcohol. This could include a bar, restaurant or liquor store. There are special laws, called ham shop laws, that impose some liability for damages on liquor sellers. While not considered liquor establishments, drama laws can affect anyone who profits from alcohol, such as restaurateurs and vendors at concession stands.
The term comes from Old English. At one time, alcohol was sold in small units known as drams. This term was later used in the United States to refer to those establishments that sell alcohol to any extent. This includes establishments that sell alcohol that will be consumed on the premises and those that sell alcohol that will be taken away.
Ham shop laws are generally put in place to ensure that those who profit from alcohol do not do so at the expense of public safety. A ham shop can, therefore, be held liable when a drunk person causes harm. This includes damaging property and injuring or killing a living creature.
It is common to find a great deal of emphasis placed on identifying drunk drivers. It is important to note, however, that a ham shop’s liability is not limited to damage caused by drunk drivers. If a person gets drunk and causes any kind of harm to a third party, including vandalism or battery, the ham shop could be held liable.
States that make ham stores liable have different versions of those laws. Under the laws of some states, a ham store is only liable when it has violated a law or regulation related to the sale of alcohol. Some states, such as South Dakota, Maryland and Nebraska, have no dram laws.
In order for a ham shop to be held liable, in most cases, the circumstances are subject to the “obvious intoxication test”. This is a measure of whether the seller knew or should have known that a person was drunk to the point of potential danger.
The liability of a ham shop for damages also varies. In some states, these establishments are only liable for damages to third parties. In other states, an intoxicated person may also hold that company liable for damage they cause to themselves or their property.
