The Civil-Liability Act is a law that allows individuals to seek compensation for injuries caused by the actions of intoxicated individuals. Specifically, it holds commercial sellers of alcoholic beverages, such as bars or restaurants, responsible if they serve alcohol to someone who is visibly intoxicated and that person subsequently causes harm to others. This law is often referred to as the dram shop act.
This act is primarily used in civil law, focusing on personal injury claims. It is relevant in cases where a person is injured due to the actions of an intoxicated patron. Legal professionals may utilize this act to pursue claims against establishments that fail to adhere to responsible serving practices. Users can manage related legal processes with the help of legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A bar serves multiple drinks to a patron who is clearly intoxicated. Later, the patron gets into a car accident, injuring another driver. The injured driver may file a claim against the bar under the Civil-Liability Act.
Example 2: A host at a private party continues to serve alcohol to a guest who is visibly drunk. If that guest then causes harm to someone else, the injured party may seek damages from the host. (hypothetical example)
| State | Key Differences |
|---|---|
| California | Allows claims against both commercial sellers and social hosts. |
| Texas | Limits liability for social hosts unless the intoxicated person is a minor. |
| New York | Strict liability applies to commercial establishments only. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Civil-Liability Act | Holds sellers of alcohol responsible for injuries caused by intoxicated patrons. |
| Dram Shop Act | Another name for the Civil-Liability Act, focusing on commercial establishments. |
| Social Host Liability | Refers to the responsibility of private hosts for serving alcohol to guests who cause harm. |
If you believe you have a claim under the Civil-Liability Act, consider the following steps:
For complex situations, seeking professional legal advice is highly recommended.
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by attorney; often contingent on winning the case. |
| Jurisdiction | State-specific; varies by local laws. |
| Possible Penalties | Compensatory damages for injuries caused. |
The act aims to hold alcohol sellers accountable for the actions of intoxicated patrons that result in harm to others.