There has always been substantial confusion regarding the need to carry a liquor liability policy – even by insurance professionals. Liquor liability laws vary significantly state by state, and coverage options are sometimes confusing. Here is some non-state-specific information on liquor liability:
Pennsylvania’s dram shop law can be found under the PA Liquor Code Section 4.493(1). According to the statute, a business in Pennsylvania may be civilly liable for serving alcoholic beverages to people who are “visibly intoxicated”.
Whether a person is “visibly intoxicated” is subject to debate, however, employees are advised to exercise their best judgment in serving people who appear to be intoxicated. “Visible intoxication” may also be confirmed later through eyewitness accounts, blood samples or other types of testing.
This law also prohibits the sale of alcohol by a business to minors, people who are deemed legally insane, or to persons who are known to have a drinking habit (that last part might be all of your regulars depending on a jury’s perspective).
Pennsylvania is one of the few states that allow the person to sue the business establishment which sold them the drinks for injuries to themselves. This is so reflective of our current society where there is no accountability and everything that happens must be someone else’s fault including the person who chooses to become highly intoxicated. Pennsylvania lawmakers believe that the reason for the dram shop act is to protect the general public and the person drinking is part of the general public.
Recent court decisions combined with new statutes are holding vendors of alcoholic beverages more and more responsible for injuries and property damage under liquor liability laws. Nevertheless, liquor liability insurance continues to be a quiet – if not dwindling – market around the country. In fact, more than half the establishments in the United States choose to operate without liquor liability insurance coverage.
Hornafius Insurance Agency makes your liquor liability insurance process as simple as possible. By filling out a simple form, our expert agents will shop the market for you and get the best possible coverage and competitive premiums. We pride ourselves on taking care of our clients and their interests.
Don’t wait a moment longer. Simply Request a Quote to get a no obligation liquor liability insurance proposal. You may also call us at (717) 367-5126.
The sooner you contact us the sooner will be able to provide you with quality protection for your alcohol serving situation.