News & Analysis as of

Wine & Alcohol Liability

Clark Hill PLC

Ohio Dram Shop Update: Knowledge of Noticeable Intoxication Required for Liability Under Ohio Dram Shop Act

Clark Hill PLC on

On March 3, the Ohio Court of Appeals for Stark County held that actual knowledge of intoxication is a necessary component in maintaining a claim for relief under Ohio’s Dram Shop Act....more

Searcy Denney Scarola Barnhart & Shipley

The Role of Toxicology in Florida Accident Investigations: What Happens If Drugs or Alcohol Are Suspected?

Accident investigations are essential for determining cause(s), assigning liability, and improving public safety. In Florida, where bustling roads, recreational boating, and tourism create dynamic environments, the role of...more

Rumberger | Kirk

How Florida’s New Comparative Fault Laws Can Help QSRs Reduce Liability Risk

Rumberger | Kirk on

In the highly competitive quick-service restaurant industry, fast-food chains are continually looking for an edge over their competitors. Some brands have found a way to distinguish themselves from other fast-food...more

Butler Weihmuller Katz Craig LLP

Florida Supreme Court Answers Certified Question: Dram Shop Actions Are Negligence Actions

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

Marshall Dennehey

Who May Be Liable Under the Dram Shop Act?

Marshall Dennehey on

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

Adams & Reese

Can I Bring My Own Wine Into a Restaurant in Tennessee?

Adams & Reese on

Here's an oft-repeated question: can I "brown bag" — bring my own wine — in a restaurant, hotel or bar that holds a liquor license in Tennessee? Surprise, surprise — yes, you can. In an unusual twist of Tennessee liquor...more

J.S. Held

Toxicology of Alcohol: The Role of Toxicologists in Social Host & Liquor Liability

J.S. Held on

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

Houston Harbaugh, P.C.

Could the Organizing Business be Liable For “Overserving” at a Company Event Under Pennsylvania’s Dram Shop Law?

Houston Harbaugh, P.C. on

An end of the year party or a summer picnic is a regular practice for many businesses. Many of those social outings feature the consumption of alcohol. But, if someone drinks too much and injures another person, could the...more

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