One of the most popular incentives for service industry employees is the “Shift Drink” – a drink on the house to unwind after a work day. On the surface, the Shift Drink is a relatively low-cost and readily available perk...more
Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the...more
Key Points: Pennsylvania’s Dram Shop Act does not merely apply to “any person” but, rather, imposes an obligation on particular persons and entities. To establish a basis for Dram Shop liability, it must be shown that the...more
Klar v. Dairy Farmers of America, Inc., 2023 WL 5354105 (Pa. Super. 2023) -The plaintiff was injured in a motor vehicle accident when he was struck by an employee of the defendant’s employer, who swerved across the center...more
What Is the Intoxication Defense? For instances where intoxication/impairment may be suspected, N.C. Gen. Stat. § 97-12 provides a complete defense against a claim for workers’ compensation where the injury and/or death...more
Commercial establishments where alcoholic beverages are served (e.g., bars, restaurants) and social hosts who serve alcohol in non-commercial settings may find themselves potentially liable for damage, injury, and/or death...more
Encountering alcohol is, for better or worse, a very common experience for students at colleges and universities in DC and throughout the U.S. Whether you choose to drink or not, it’s important to know about the...more
The effects of alcohol-impaired driving as it concerns life and limb are well-documented. Indeed, more often than not, the policy limits for the responsible party’s insurance policy are inadequate to compensate the injured...more
The likely reaction to the title of this article would be: well of course they do. Workplace rules of conduct typically prohibit being under the influence of alcohol or drugs, and although the condition of alcoholism might be...more
There is no question; drunk drivers are a danger to everyone on the road – including themselves. Recognizing that, many states have enacted dram shop laws; laws that hold restaurants or bars that overserve patrons and then...more
A recent OSHA Interpretation indicates that a workplace injury an employee sustains when he/she is intoxicated must be recorded on the company’s OSHA Injury and Illness Log. OSHA stated that the exception for recording...more
We here at the McNees Wallace & Nurick Labor and Employment Law Group have been busy preparing for the holiday season. While holiday parties can be great fun, hosting a holiday party or placing holiday decorations in...more