Document Type
Article
Publication Date
2021
Abstract
This Article examines whether states should impose civil liability not only on commercial alcohol vendors under dram shop statutes, but also on social hosts whose intoxicated guests subsequently cause injury or death to innocent third parties. Drawing upon national drunk-driving statistics, historical development of dram shop laws, and comparative analysis of state approaches—particularly in Southeastern jurisdictions—the Article evaluates the effectiveness and limitations of existing liability frameworks. While most states recognize statutory liability for commercial establishments that serve visibly intoxicated persons or minors, many decline to extend comparable liability to social hosts serving adult guests. The Article analyzes the policy arguments for and against expanding liability, including deterrence, victim compensation, personal responsibility, fairness, and concerns about over-deterrence and social burdens. Concluding that current legal regimes inadequately address the persistent harms of alcohol-impaired driving, the Article proposes reforms to harmonize dram shop and social host liability doctrines and offers recommendations aimed at reducing alcohol-related crashes while better protecting innocent third-party victims.
Recommended Citation
Tracey Carter, Drunk Drivers Are a Moving Time Bomb: Should States Impose Liability on Both Social Hosts and Commercial Establishments Whose Intoxicated Guests and Patrons Subsequently Cause Injuries or Death to Innocent Third Parties. 49 Cap. L. Rev. 385 (2021)
