Question

People who serve alcohol to others take a risk. In some legal circumstances, they can be held legally responsible for the actions of the people they serve.

Is this fair? Should an intoxicated person be the only one liable if harm results? If not, in what specific circumstances is it fair to stretch liability to other people?

Please answer with IRAC :)

Answer 1

Issue:

Here, issue is people or business serving any alcoholic drink to other people, in such scenario whether retailer or host should be liable and legally responsible for every actions of such host or retailer. As, there could be a situation that the alcoholic drink was having toxicity and bringing major harm on other people who are served with such alcoholic drink. Now the question is who should be liable here?   - only the intoxicated drunk person or the retailer, host who has served such alcoholic drink to other people.

Rule:

According to dram shop law or rule, any retailer or shop owner or host who is serving the alcoholic drink to other people, they should be liable for any act on their own, i.e.; in case the person found intoxicated and major harm caused on the person, in such scenario, here, such retailer or host would be liable and would receive punishment or court order accordingly.

The negative side of such rule is, it could often be hard to prove that harm is caused on the person because of such retailer or host.

Analyze:

As, host and retailer should have moral responsibilities to serve good quality alcoholic drink to their customer, such retailer, host or any person working in Bar or Restaurant should take oath that they are responsible for any misconduct and poor act. Hence, they should understand moral side of the customers, as customers can be intoxicated due to any bad quality alcohol. In this scenario, Host or retailer should be taking measure and ensure that customer receives quality drink. Further, Retailer’s shop, and server should take appropriate certification and license that bring more trust on other people. They should follow their moral duty with considering business perspective.

Conclusion:

Finally, it can be concluded that any harm on the people should be analyzed to know the causes of such harm. If the host or retailer responsible for causing such harm on other people, such host or retailer should be punished as per court order. Selling or offering any alcoholic drink should follow its own purpose and take more measure to ensure leaving any harmful side on other people.