Car Accidents

Dram Shop Liability in California: When a Bar or Host Can Be Sued

Lawyer Vikas Bajaj

by Vikas Bajaj

California generally does not let an injured person sue the bar, restaurant, or social host that supplied the alcohol. Under Civil Code 1714, the law treats drinking, not serving, as the cause of injuries an intoxicated person inflicts on others, and Business and Professions Code 25602 says the same for people who sell or give alcohol to an obviously intoxicated adult. Two narrow exceptions involve people under 21: a licensed seller who serves an obviously intoxicated minor (Business and Professions Code 25602.1), and a parent, guardian, or other adult who knowingly serves a person under 21 at home (Civil Code 1714(d)). In most drunk-driving injury cases, the claim runs against the driver and the driver’s insurance.

What “dram shop” means

“Dram shop” is the traditional name for a law that makes an alcohol seller civilly responsible when a patron it served later hurts someone. Many states have broad dram shop statutes. California went the other way: the Legislature set aside court decisions that had allowed these suits and then left only the narrow exceptions described below.

Why most claims against bars and servers fail

Business and Professions Code 25602

Section 25602(a) makes it a misdemeanor to sell, furnish, or give alcohol to a habitual or common drunkard or to an obviously intoxicated person. Subdivision (b) then provides that a person who does so is not civilly liable to an injured person for injuries caused by the consumer’s intoxication, and subdivision (c) declares that the consumption of alcohol, rather than the serving of it, is the proximate cause of those injuries. The criminal rule and the civil rule are separate: serving an obviously intoxicated person can be a crime without creating a lawsuit for the injured person.

Civil Code 1714(b) and (c)

Subdivision (b) states the Legislature’s intent to overturn Vesely v. Sager, Bernhard v. Harrah’s Club, and Coulter v. Superior Court and to return to the rule that furnishing alcohol is not the proximate cause of injuries from intoxication. Subdivision (c) applies the same idea to social hosts: except as subdivision (d) provides, a social host who furnishes alcohol to any person is not legally accountable for that person’s injuries or for injury to a third person resulting from drinking it.

Exception 1: a licensed seller serves an obviously intoxicated minor

Business and Professions Code 25602.1 allows a claim by or on behalf of any person who suffered injury or death against a licensed seller (or a person required to be licensed, or authorized to sell alcohol on a federal enclave such as a military base) who sells, furnishes, or gives alcohol to an obviously intoxicated minor, when that service is the proximate cause of the injury or death. The points that usually decide these cases:

  • Seller. The defendant is a licensed seller or someone selling alcohol without the license that was required.
  • Minor. The drinker is a minor, not an adult patron.
  • Obviously intoxicated. The statute looks at how apparent the intoxication was when the alcohol was served, not only at how intoxicated the person later became.
  • Cause. The service must be the proximate cause of the injury or death.

Exception 2: an adult at home serves a person under 21

Civil Code 1714(d) preserves a claim against a parent, guardian, or another adult who knowingly furnishes alcohol at his or her residence to a person he or she knows, or should have known, is under 21. In that situation the furnishing of the alcohol may be found to be the proximate cause of the resulting injuries or death. The claim may be brought by or on behalf of the person under 21, or by a person the underage drinker harmed. A host who serves only adults, or a party at a location that is not the host’s residence, is a different question that depends on the facts.

Who you can usually pursue after a drunk-driving crash

Even when the bar or host cannot be sued, an injured person may still have claims against:

  • The impaired driver, for failing to use ordinary care (Civil Code 1714(a)).
  • Insurance, including the driver’s liability coverage and, when it applies, your own uninsured or underinsured motorist coverage. See hit-and-run and uninsured driver claims.
  • An employer, if the driver was working at the time.
  • A public entity, in the rare case a government vehicle or a road defect played a role.

If more than one party contributed to your injuries, you may recover from more than one source. Your own share of fault, if any, reduces what you recover but does not bar it; see CACI 405 and recovering damages when you are partly at fault.

Deadlines

Most injury lawsuits must be filed within two years (Code of Civil Procedure 335.1), and a claim against a public entity generally must be presented within six months (Government Code 911.2). More detail: How Long Do You Have to File a Personal Injury Claim in California?

Frequently asked questions

Can I sue the bar that over-served the driver who hit me?

Usually no. Business and Professions Code 25602 and Civil Code 1714 bar most civil claims for furnishing alcohol to an adult. The main exception is Business and Professions Code 25602.1, for a licensed seller who served an obviously intoxicated minor.

Can a party host be sued if a guest drove drunk and hurt me?

Generally no for adult guests (Civil Code 1714(c)). If the host was a parent, guardian, or other adult who knowingly served a person under 21 at home, Civil Code 1714(d) allows a claim.

Does California still treat serving an obviously intoxicated person as a crime?

Yes. Business and Professions Code 25602(a) makes it a misdemeanor. The criminal penalty is separate from civil liability to injured people.

Is a consultation free?

Yes. Injury Trial Lawyers offers a free consultation. Spanish interpreters are available on request.

Talk with Injury Trial Lawyers

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If an impaired driver injured you, Vikas Bajaj can review who may be responsible. Learn more on our DUI accident victim page or our San Diego car accident page, or call (619) 525-7007.

Sources

This article is general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship. Every situation is different; talk with a lawyer about your specific facts.

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By Vikas Bajaj, Attorney at Law