If you’ve ever been involved in a drunk driving accident, you may be familiar with the idea of dram shop laws. These laws hold bars and restaurants accountable for overserving alcohol to patrons who later cause accidents or harm others.
But what exactly are dram shop laws? And how do they work in Arkansas? In this article, we’ll explore the ins and outs of Arkansas’ dram shop laws and what they mean for bars, restaurants, and patrons.
Table of Contents
What Are Dram Shop Laws?
Dram shop laws are a set of laws that hold bars, restaurants, and other establishments that serve alcohol accountable for the actions of their patrons. These laws vary by state, but in general, they allow individuals who have been negatively impacted by the actions of an intoxicated person to pursue damages from the establishment that served the alcohol.
For example, let’s say that John goes to a bar and drinks several alcoholic beverages. The bartender continues to serve him even though he shows obvious signs of intoxication. Later, John gets into his car and causes an accident, injuring another driver. The victim of the accident may be able to pursue damages from the bar that overserved John, since they were partially responsible for his actions.
Arkansas’ Dram Shop Law
Arkansas has a dram shop law that applies to both individuals and businesses that serve alcohol. According to the law, any person who is injured, killed, or suffers property damage as a result of an intoxicated person may bring a lawsuit against the establishment that served the alcohol.
In order to pursue damages under Arkansas’ dram shop law, the plaintiff must prove that:
- The establishment served alcohol to the intoxicated person
- The establishment knew or should have known that the person was intoxicated
- The establishment’s actions contributed to the injury, death, or property damage suffered by the plaintiff
It’s important to note that the law does not apply to social hosts, or individuals who serve alcohol in their own homes. Instead, it only applies to businesses and individuals who serve alcohol as part of a commercial enterprise.
How Dram Shop Laws Benefit the Public
Dram shop laws serve an important purpose in protecting public safety. By holding bars and restaurants accountable for the actions of their patrons, these laws create a powerful incentive for establishments to monitor their patrons and ensure that they are not overserved.
In addition, dram shop laws can help victims of drunk driving accidents receive compensation for their injuries or property damage. This can be especially important for individuals who may not have the financial resources to cover their medical bills or other expenses that result from an accident.
How Bars And Restaurants Can Protect Themselves
While dram shop laws are designed to hold bars and restaurants accountable, there are steps that establishments can take to protect themselves from liability.
First and foremost, bars and restaurants should ensure that they have a clear policy in place for refusing service to patrons who show signs of intoxication. This policy should be communicated clearly to all employees and posted in a visible location for patrons to see.
In addition, establishments can invest in training for their staff to help them recognize the signs of intoxication and respond appropriately. This may include strategies for de-escalating situations with intoxicated patrons or providing alternative transportation options for those who need it.
Finally, businesses should ensure that they have appropriate liability insurance in place in the event that a lawsuit is filed against them. While insurance may not prevent a lawsuit from being filed, it can help mitigate the financial impact of a settlement or judgment.
Conclusion
Arkansas’ dram shop law is an important tool for protecting public safety and ensuring that businesses that serve alcohol are held accountable for their actions. By understanding the basics of this law and taking steps to protect themselves, bars and restaurants can continue to serve customers while minimizing their risk of liability.