{"id":388054,"date":"2026-01-09T11:53:30","date_gmt":"2026-01-09T16:53:30","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=388054"},"modified":"2026-01-09T10:44:10","modified_gmt":"2026-01-09T15:44:10","slug":"dram-shop-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/dram-shop-laws.html","title":{"rendered":"Dram Shop Laws"},"content":{"rendered":"\n
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Dram Shop Laws<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Dram shop laws<\/span> are civil laws that hold bars, restaurants, and other alcohol-serving establishments legally liable for injuries caused by intoxicated patrons<\/span> they overserved. These laws allow victims of drunk driving accidents<\/span> and other alcohol-related incidents to sue the business that served alcohol to the intoxicated person<\/span>. Dram shop laws<\/span> exist in 43 states and the District of Columbia, though the specific requirements and scope vary by state.<\/p>\n\n <\/div>\n\n\n\n

When most of us think of DUI arrests and drunk driving accidents<\/span><\/a>, we don’t often think about whether people other than the driver are responsible. However, in many states, restaurant and bar owners may be held liable for injuries caused by customers they overserve.<\/p>\n

The laws that hold businesses legally responsible for alcohol-related accidents are called dram shop laws<\/span><\/a>. These laws vary by state, but generally, they hold owners of establishments that serve alcoholic beverages<\/span> liable for injuries that intoxicated people<\/span> cause. Of course, this liability only extends to patrons who drank alcohol while at the establishment.<\/p>\n

Most dram shop laws<\/span> allow victims of drunk driving accidents<\/span> to sue bars and alcohol retailers after an alcohol-related incident. Here, we’ll explain how dram shop laws<\/span> work and discuss which states have these laws. We will also briefly discuss social host liability<\/span><\/a>, which is similar to dram shop laws<\/span> but applies to private citizens.<\/p>\n

If someone is suing you for damages sustained in a drunk driving car accident<\/span> or other alcohol-related cause of action<\/span>, contact a personal injury<\/span> attorney<\/a> right away.<\/p>\n

What Is a Dram Shop Law<\/span>?<\/h2>\n

Dram shop laws<\/span><\/a> evolved from establishments in 18th-century<\/span> Britain that sold gin by the spoonful (a “dram”). The courts enforce these laws through civil actions<\/span>. Dram shop laws<\/span> allow DUI victims and their families to file a personal injury<\/span> case<\/span> against alcohol vendors and retailers.<\/p>\n

Which States Have Dram Shop Laws<\/span>?<\/h2>\n

Not all dram shop laws<\/span> are the same. They can differ quite a bit. States that have dram shop laws<\/span> may define specific terms in their statutes differently. Words such as “guest<\/a>,” “patron,” and “retailer” can carry different meanings.<\/p>\n

Most courts apply the obvious intoxication test<\/a>. This test evaluates whether a retailer knew or should have known that a patron was intoxicated to the point where more alcohol would cause danger to that person or others.<\/p>\n

As of 2025, 42 states and the District of Columbia have dram shop laws<\/span> in place. The scope of these state laws<\/span> varies.<\/p>\n

States without dram shop laws<\/span> include:<\/p>\n