The holiday party season is in full swing, and along with a surplus of business for Pennsylvania bars and restaurants comes the fear of dram shop liability. Many non-attorneys have difficulty understanding the purpose and intent of dram shop law. Some are even surprised to learn that an intoxicated adult can hold an establishment that serves alcohol liable for first-party harm. The confusion does not end, however, with non-attorneys. Dram shop laws vary greatly in different states and, even in Pennsylvania, some legal issues surrounding liquor liability law are still unclear.
The disparities in dram shop laws across state lines are some of the most vast in any area of the law. Some states do not allow an intoxicated individual to recover for first-party harm. Pennsylvania is one of the minority states that permits first-party dram shop recovery, although comparative negligence is an available defense.
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