在马萨诸塞州, it is illegal to sell or serve alcohol to an individual that is under age or visibly intoxicated. The law applies to any place that sells or serves alcohol, 例如酒类商店, 酒吧, 餐厅, 社交俱乐部和夜总会. If a third party is injured because a business or individual breaks this law, 他们可能要承担责任. The most common set of facts leading to a dram shop or liquor liability case are as follows: an individual goes to a bar, drinks too much alcohol 和 becomes visibly intoxicated; the bartender continues to serve the individual alcohol; the individual gets into his or her car, drives 和 strikes a pedestrian or crashes into another car causing serious injuries or even death. The intoxicated individual is responsible for his or her actions 和 can 和 should be held liable, but the bar that served that individual may also be responsible if the bartender should not have served the individual alcohol. It is the responsibility of bartenders 和 other employees selling or serving alcohol to take measures to identify people in their establishment that appear to be intoxicated 和 not serve them. Bartenders 和 other employees have a responsibility to observe slurred speech, rowdiness 和 other behaviors associated with intoxication, 如果顾客喝醉了, to call a cab or family member to transport the individual home safely. Bartenders 和 others serving liquor also have to use care in the number of drinks that they serve to an individual. 即使一个人说话不含糊, bartenders should guard against serving that person too many drinks in a short period of time.
大多数酒吧、酒类商店、餐馆等. carry insurance to cover accidents caused by intoxicated patrons who leave their establishment, so there may be a means to recover against such a business if you or your loved one is seriously injured or killed by a drunk driver who was over served. These liquor liability or so called dram shop cases are not easy to prove, 虽然, 和 you will need to hire a good attorney as soon as possible. Proof of these cases is often dependent upon eye witnesses. 不仅记忆消逝得很快, it can be difficult to find out who was in the bar at the time the drunk driver was served. 此外, 继续处理这些案件, the law requires that an affidavit or sworn statement be filed within 90 days of the filing of a law suit to prove to the court that there are “sufficient facts to raise a legitimate question of liability.” It is often difficult to establish such facts is such a short period of time.
在一些有限的情况下, individuals have been held liable for the negligence of a guest to whom they have served alcohol. 到目前为止, the courts have limited this so called “social host” liability to private hosts who have served alcohol to minors.
If you have been injured by someone who was intoxicated, call KJC Law Firm for a free consultation. We will tell you whether you have a case 和 help you get compensation for your injuries. The liquor liability lawyers at KJC Law Firm have more than 90 years of experience litigating major cases. ca88有足够的资源来调查你的索赔, 雇佣必要的专家, 给你应得的补偿. KJC Law Firm represents injured people from communities all across Massachusetts, 包括大波士顿地区, 剑桥, MetroWest, 科德角, 福尔河, 洛厄尔, 伍斯特和斯普林菲尔德.