Monday, January 13, 2014

Dram Shop Liability to be Considered in 2014 Legislative Session

The 2014 Legislative Session began at noon on Wednesday, January 9, 2014.  In addition to the highly debated topics involving miniumum wage and healthcare, this session will consider the important issue related to Dram Shop Liability.

In Warr v JMGM Group, LLC, 433 Md. 170 (2013), the Court of Appeals decided against changing the common law to impose civil liabiliy on an establishment that is licensed to serve alcohol, when it serves to a visibly intoxicatd person, who then drives drunk and causes an injury or death.   A summary of this ruling can be found here.  While many states have adopted dram shop laws, Maryland still has not.
Three previous attempts since 2002 to legislate Dram Shop liability have been unsucessful.  

RSRM will continue to monitor any developments surrounding the latest legislative attempts during the 2014 Session.

Contributed by Tara A. Barnes 

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