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DUI & the Law

Summer time means parties and fun at the lake or beach or the backyard pool. It is also time for parties at which alcohol may be served. Believe it or not, there are rules for serving guests liquor in your home just as there are for bartenders at clubs and restaurants.

Dram shop liability is any liability with the sale and consumption of alcohol. Any time a bar, restaurant or homeowner serves alcohol contrary to the provisions of law, he or she can be held liable for the damage that causes.

You cannot be served once you’re visibly intoxicated. If you are served at this point, and you go out and have an accident, the bar, restaurant or homeowner may be held liable. So, if you’re hosting a party for a bunch of young people and serving beer and something bad happens, you could be held criminally or civilly liable.

This could be true if someone was served too much alcohol and fell and hurt themselves in your driveway. Generally speaking, if you’re open to the public and don’t maintain your premises in a safe and responsible manner, even when alcohol is not involved, you will be probably held liable should someone fall and injure themselves.

Slips and falls – is there a difference in what is expected of a business owner versus a homeowner? If you’re a shop owner and inviting people in, you have a high standard to warn or make safe any dangers you know about or should have known about.

The same thing is true of your home. If you invite people in, you have a duty to make it safe and to let visitors know of anything that may be a hazard.

If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.

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