Social Host And Dram Shop Liability In Wisconsin
In Wisconsin, as in many other states, the issues surrounding alcohol-related incidents extend beyond individual responsibility to include legal consequences for those who serve alcohol. Particularly relevant to businesses and private hosts are the state’s Dram Shop and Social Host liability laws. These laws can impose responsibility on hosts or commercial establishments for injuries or damages caused by intoxicated guests. At Bosshard Parke, we can help both businesses and private hosts of La Crosse, Wisconsin and surrounding areas understand their legal responsibilities and how to mitigate risks.
What Are Dram Shop And Social Host Liability Laws?
Dram Shop Laws pertain to businesses like bars, restaurants, and liquor stores that sell and serve alcoholic beverages. These laws allow for the establishment to be held liable if they serve alcohol to a visibly intoxicated person or to a minor, and that person subsequently causes harm to others, such as through a drunk driving accident.
Social Host Liability, on the other hand, concerns individuals who serve alcohol in non-commercial settings, such as a private home or social event. In Wisconsin, social host liability is somewhat limited compared to dram shop laws but still crucial for hosts to understand.
Dram Shop Liability In Wisconsin
Wisconsin does not have a traditional dram shop law like some states, which typically allow businesses to be sued by third parties injured by an intoxicated person who was served at the establishment. However, Wisconsin statute 125.035 allows for liability in the case of serving alcohol to minors. If a business unlawfully sells alcohol to a minor who then causes injury or damage, the business can be held liable.
The penalties for businesses serving alcohol to minors can be severe, including fines and the potential loss of their liquor license, which can cripple an establishment’s operations.
Social Host Liability In Wisconsin
Wisconsin’s approach to social host liability is more restrictive than its stance on commercial establishments. In general, social hosts are not liable for the actions of their guests once they leave the premises. However, similar to dram shop laws, there are significant exceptions when alcohol is provided to minors. Wisconsin law holds any individual who provides alcohol to a minor liable if that minor subsequently causes harm to another person.
This limited liability underscores the critical importance of ensuring that alcohol is not accessible to underage guests at private events or gatherings.
Preventative Measures For Hosts And Businesses
For Businesses:
- Staff Training: Ensure all staff are trained and aware of the laws regarding alcohol service, particularly about not serving minors and visibly intoxicated persons.
- Policies and Procedures: Establish clear policies that comply with state laws and protect your business from liability, including procedures for checking IDs and handling intoxicated patrons.
- Documentation: Keep records of all training and policies to demonstrate compliance in the event of a legal dispute.
For Social Hosts:
- Verify Ages: Always verify the age of guests when alcohol is served. Consider wristbands or other methods to distinguish minors from adults in settings where both are present.
- Control Access to Alcohol: Keep alcoholic beverages in a controlled area where consumption can be monitored. Never allow self-service by minors.
- Arrange Transportation: Encourage the use of designated drivers and provide information for local taxi services or rideshare apps to prevent intoxicated guests from driving.
Legal Consequences And Seeking Legal Help
Violations of these laws can result in significant legal consequences, including civil liability for damages and injuries, financial compensation, punitive damages, and even criminal charges. Understanding and adhering to Wisconsin’s dram shop and social host laws is crucial for anyone involved in the sale or provision of alcoholic beverages.
Should an incident occur, it’s advisable to seek legal representation immediately. At Bosshard Parke, our experienced attorneys can provide the necessary legal guidance to navigate the complexities of these liability laws, whether you are a business owner, event organizer, or a private host. We help our clients implement risk management strategies and represent them effectively in any legal proceedings related to alcohol liability.
Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on dram shop and social host liability in Wisconsin, please consult with a qualified attorney at Bosshard Parke.
