DRAM SHOP LIABILITY

 From a basic "bar operator" point of view, liability is the major concern, particularly as it relates to responsible business practices in serving alcohol. Up until a few years ago, issue of third party liability ty was more of an academic question, however people have become aware that someone other than the person who did the injury may be liable. The courts consider that since the operator is making money serving beverage alcohol, the question of negligent service exposes him to liability. The issue is far from being clear and only recently are statutory guidelines becoming available. If the legal issue is vague, consider the impact upon insurance. The insurance industry is sophisticated and vocal if need be, but they are not educating the courts that their client may not be liable. Instead, insurance companies may be too quick to settle in many cases, fearing potentially greater losses under trial situations. The result higher liability premiums. In Minnesota, for example, liability is statutory and dram shop insurance mandatory. The State's Department of Commerce and Economic Development is still trying to create its own assigned risk pool, which was defeated by the insurers, yet insurance is expensive and difficult to get and no new carriers are appearing on the market. There is a growing trend toward further regulation in the industry which may have more significant ramifications in the future. Currently, in every state it is illegal to serve beverage alcohol to inebriated or underage people, however variations to the legal limits set by state legislators vary. As more cases are heard, accidents involving those who were under the influence' as opposed to being *intoxicated' will become more prevalent and if anything the indication is that more emphasis will be placed upon the "responsible practice" defense.

ALCOHOL AWARENESS

To manage a responsible alcohol operation, it is important to first understand basic information about the substance itself, its physical effects on the body and factors which are related to the effective management of people who are drinking. First of all, alcohol is a drug. Alarmingly enough, 10% of all adults in the United States are alcoholic and alcohol abuse is a serious national concern. Like any substance abuse, alcohol abuse is detrimental to the user and causes serious damage to the liver, kidneys, heart, digestive track and brain. But most people who drink alcohol do so without the intent of becoming intoxicated. Instead, many fall victim to it and end up becoming impaired or intoxicated because they aren't aware of how it affects the body.

INTOXICATION

Intoxication is defined as the abnormal state induced by chemical agents, or the state of being drunk. It is usually apparent when a person is under the influence, or alcohol impaired. Classically we see someone whose speech is slurred and has lost his coordination. What we don't see is what is happening inside his body. When a person drinks alcohol, his BLOOD ALCOHOL CONTENT, or BAC increases and suppresses his blood oxygen. This causes several side effects in the brain which are manifested by the physical signs of intoxication. The person's will power is temporarily suspended and senses are distracted and dulled. In fact, a person in an inebriated state is technically helpless.