Dram shop
Definition Dram shop liability, is grounded in the common law theory of negligence. Although imposes criminal dram shop liability, no such comparable statute exists for purposes of establishing civil liability. Thus, recovery by third parties is only available by establishing the elements of a common law negligence claim, i.e., duty of care, breach of the duty of care, and damages causally relate to the breach. Nonetheless, a violation of a criminal statute does constitute some evidence of a Defendant's negligence. Two sections of M.G.L. c. 138 are pertinent in this respect: which prohibits the sale of alcoholic beverages to persons under the statutory minimum age, and which prohibits the sale of alcoholic beverages to intoxicated persons. Therefore, a Defendant's conduct which is violative of these statutory prohibitions is indicative of a breach of duty and may give rise to civil liability. The Intoxicated Patron: The statutory duty not to sell or deliver alcoholic beverages to intoxicated persons applies to and is intended to protect, among others, the intoxicated patron. However, an intoxicated person may recover against a licensed vendor of alcoho
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Approximate Word count = 1507
Approximate Pages = 6 (250 words per page double spaced)
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