The Draw Shop laws in Pennsylvania have been put in place to protect the people visiting these establishments from causing harm to others or themselves. These laws hold the establishment manager or staff responsible for the actions of their intoxicated customers. Therefore, if one owns or works in such places, it is important for them to be aware of the regulations.Â
While some may think that attributing the cause of drunk people’s behaviors to bar workers is not fair, there is logic behind it. Bartenders are responsible for ensuring safe drinking environments. For example, if a bartender sees that a patron is clearly intoxicated but continues to serve them with more alcohol to increase sales, this can lead to legal consequences.Â
Therefore, understanding the Dram shop laws in Pennsylvania is important for both consumers and bartenders. If you are involved in such a case, the actions of the bartender can significantly impact the outcome of your case. Hire an attorney from the Quinn Law Group, LLC, to know your options and increase your chances of winning.Â
Situations where the bartender may be liable in PA
In Pennsylvania, bartenders can face serious legal trouble if they serve alcohol to drunk people or anyone under 21.
Serving alcohol to a visibly intoxicated personÂ
A person is “visibly intoxicated” when their drunkenness is obvious through their actions or appearance. Bartenders should watch for these signs:
- Slurred speech
- Unable to complete sentences.
- Red or shiny eyes that show signs of drinking.
- Trouble holding objects or keeping steady.
- Difficulty walking or keeping balance.
- Acting with poor judgment or being too loud or disruptive.
Bartenders should look for a mix of these signs, rather than just one, to decide if they should stop serving someone.
Under Pennsylvania law, bartenders or bars can be held responsible if they serve alcohol to a drunk person who then causes harm. Penalties can include lawsuits, fines from $1,000 to $5,000, and the loss of the bar’s license to serve alcohol. To hold a bartender liable, it must be shown that:
- They served alcohol to a visibly drunk person.
- This person’s actions directly caused harm or damage.
Serving alcohol to minorsÂ
In Pennsylvania, it is illegal to serve alcohol to anyone under 21. This includes giving alcohol directly or allowing minors to have alcohol on the property. Breaking this law has serious consequences.
Bartenders who serve alcohol to minors can face the following issues:
- Fines: For a first offense, fines range from $1,250 to $1,400, with higher fines for repeated violations.
- License suspensions: Repeated violations can lead to suspension or loss of the bar’s license.
- Criminal charges: Serving alcohol to minors can lead to criminal charges, with fines up to $5,000 and possible jail time.
Examples of incidents that lead to dram shop casesÂ
Here are the top 3 examples of common incidents that lead to dram shop cases.Â
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Drunk driving accidents.Â
Under Pennsylvania law, bartenders can be held liable if they serve alcohol to somebody who is already clearly drunk. For example, if a bartender serves alcohol to someone showing signs of being drunk, and that person drives, the bar may be held responsible for any resulting accident. However, the injured person must prove that the bar was a direct cause of the crash.
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Alcohol-related assaults or injuries.Â
Bartenders can be held responsible if they serve alcohol to already drunk patrons and then attack or assault someone. The bartender should not have continued serving alcohol to someone who could not handle themselves. The bar’s security, staff training, and how they handle disruptive patrons are factors that affect the outcome of the case.Â
Injured in a bar accident?
If you went to a bar and then got into an accident, you may wonder whether the bar or its staff can be held liable. To get answers to your questions, hire an attorney today!