Commercial host (dram shop) liability: current status and trends

Area of Science:

• Public Health Law
• Alcohol Policy Research
• Legal Studies

Background:

• Commercial host liability (CHL), also known as dram shop liability, establishes legal responsibility for alcohol retailers.
• CHL holds retailers liable for harm resulting from illegally serving alcohol to intoxicated adults or underage patrons.
• The Community Preventive Services Task Force identifies CHL as an effective strategy for reducing excessive alcohol consumption.

Purpose of the Study:

• To describe the key components of CHL and its legal foundation in American jurisprudence.
• To assess the adoption and changes in CHL across all 50 states since 1989.
• To analyze legislatively enacted restrictions on CHL, including evidentiary requirements, damage awards, and eligible defendants.

Main Methods:

• Systematic review of research literature on CHL.
• Data collection on CHL policies in 2011, with analysis in 2012-2013.
• Comparative analysis of CHL policies in 1989 versus 2011, focusing on statutory restrictions.

Main Results:

• A significant erosion of CHL has occurred over the past two decades.
• Fewer states recognized CHL in 2011 compared to 1989.
• States are more likely to recognize underage liability than adult liability, and six states recognized a Responsible Beverage Services Practices affirmative defense in both years.

Conclusions:

• CHL has weakened considerably, with fewer states recognizing it and more statutory restrictions in place.
• The trend indicates a greater likelihood of recognizing underage liability over adult liability.
• Findings have implications for public health practitioners aiming to reduce alcohol-related harm through policy.