Description
When someone under the influence of alcohol injures a person due to intoxication, the injured person may have a claim against whoever provided the alcohol: the server, the owner/operator of an establishment, and even the host of a private party. Statutes implementing this liability--dram shop laws--exist to fill a hole where the common law does not provide relief to third parties. The intoxicated person, however, has no cause of action.
Dram shop relief is statutory, so counsel must be familiar with the details of the statutes involved. Not only does the injured person have a cause of action, but third parties, such as spouses or children, may also have claims. Counsel must recognize the nuances in the laws and how courts interpret them, including the impact of whether the intoxicated person was of legal drinking age; the level of scrutiny applied to how the alcohol provider determines drinking age; and the determining factors in deciding whether the server should have refused to serve a patron.
Plaintiff and defendant counsel both focus on allegations that will trigger exclusions and non-covered items in insurance policies. For example, statutes will require claims of "willful" actions, and many insurance policies do not provide coverage for such intentional acts.
Listen as the panel, from both the plaintiff and defendant bar, explores these issues and provides insight into pursuing and defending claims under these statutes.
Presented By
Mr. Butler focuses his practice on general litigation, including but not limited to construction litigation, products liability defense, government defense, and personal injury litigation.
Mr. Dodds is a trial lawyer who was born and raised in Mount Pleasant, South Carolina. He received his undergraduate degree from Tufts University, where he was a member of the varsity football team. After college, he attended the Charleston School of Law, where he graduated summa cum laude, was an active member of the Charleston Law Review and Trial Advocacy Board, and served as a Teaching Fellow in the Legal Research, Analysis, and Writing Department. Following law school, Mr. Dodds clerked for the Honorable Edgar W. Dickson of the First Judicial Circuit. During his clerkship, Mr. Dodds gained invaluable legal research and writing skills and was able to provide a hands-on contribution to the judicial decision-making process. He thereafter joined a well-respected defense litigation firm in Charleston and litigated a wide array of cases, including wrongful death, catastrophic personal injury, products liability, construction defect, and insurance bad faith. While practicing as a defense attorney, he handled all facets of complex litigation and tried numerous cases to verdict in both state and federal court. Since joining Yarborough Applegate in November 2021, Mr. Dodds has helped his clients recover millions of dollars to compensate them for their injuries and damages. These results have stemmed from cases involving workplace accidents, dram shop/victims of drunk driving, tractor-trailer collisions, negligent security, and premises liability.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, September 18, 2024
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Background and content of dram shop statutes
- Statutory analysis and construction
- Standard of care
- Underage drinkers
- Private hosts
- Role of common law defenses
- Insurance coverage issues
The panel will review these and other critical matters:
- Theories and bases of liability under dram shop statutes
- Procedures to comply with dram shop statutes
- Defenses to liability
- Recovery and insurance issues
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