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Dram shop liability laws

Health Factors: Alcohol Use
Decision Makers: Government - State
Evidence Rating: Scientifically Supported
Population Reach: 50-99% of WI's population
Impact on Disparities: No impact on disparities likely

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Description

Dram shop liability laws allow owners or servers at retail establishments where a customer recently consumed alcoholic beverages to be held legally responsible for harms inflicted by that customer (CG-Alcohol).

Expected Beneficial Outcomes

Decreased alcohol related crashes
Decreased alcohol related violence
Decreased fatal and non-fatal injuries
Reduced harmful alcohol consumption

Evidence of Effectiveness

There is strong evidence that dram shop liability laws prevent and reduce alcohol related harms (CG-Alcohol, IAS-Anderson 2006). Dram shop liability laws are associated with reductions in alcohol-related motor vehicle fatalities, alcohol consumption behaviors, alcohol-related violence, alcohol-related disease (CG-Alcohol), overall motor vehicle fatalities, and homicide (CG-Alcohol, IAS-Anderson 2006).

Implementation Examples

United States

Nearly all states have these laws in some form; laws vary in total liability and other criteria (WI Lawyer-Dram shop 2000).

Wisconsin

A server can be held liable for damages if they knew or should have known that the individual was under the legal age and the alcoholic beverages were a substantial factor in causing injury to a third party (WI Lawyer-Dram shop 2000).

Citations - Description

CG-Alcohol - The Guide to Community Preventive Services (The Community Guide). Preventing excessive alcohol consumption. Accessed on June 23, 2012
Webpage: http://www.thecommunityguide.org/alcohol/index.html

Citations - Evidence

CG-Alcohol - The Guide to Community Preventive Services (The Community Guide). Preventing excessive alcohol consumption. Accessed on June 23, 2012
Webpage: http://www.thecommunityguide.org/alcohol/index.html
IAS-Anderson 2006 - Anderson P, Baumberg B. Alcohol in Europe: A public health perspective. London: Institute of Alcohol Studies (IAS); 2006. Accessed on June 18, 2012
Webpage: http://ec.europa.eu/health-eu/news_alcoholineurope_en.htm

Citations - Implementation Examples

WI Lawyer-Dram shop 2000 - Emerson NJ, Stroebel SB. Dram shop liability by state. Wisconsin Lawyer. 2000;73(8). Accessed on June 15, 2012
Webpage: http://www.wisbar.org/AM/Template.cfm?Section=Wisconsin_Lawyer&template=/CM/ContentDisplay.cfm&contentid=51450

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Health Factors

Health Behaviors
Tobacco Use
Diet & Exercise
Alcohol Use
Sexual Activity
 Clinical Care
Access to Care
Quality of Care
 Social & Economic Factors
Education
Employment
Income
Family & Social Support
Community Safety
 Physical Environment
Environmental Quality
Built Environment

Decision Makers

Businesses & Employers
Community Organizations
Government - Local
Government - State
Government - Federal
Healthcare Organizations
Individuals
Schools

Evidence Rating

Level of effectiveness based on a scan of academic literature and key recommendations of leading organizations.

  • Scientifically Supported Numerous studies or systematic review(s) with positive results
  • Some Evidence Research suggests positive impacts; further study may be warranted
  • Expert Opinion Recommended by credible groups*; research evidence limited
  • Insufficient Evidence Evidence limited or unavailable; further study warranted
  • Mixed Evidence Evidence mixed; further study warranted
  • Evidence of Ineffectiveness Research consistently shows program is detrimental or has no effect

Although many policies and programs are recommended by credible groups, we apply the rating ‘expert opinion’ only when policies are recommended but limited scientific evidence of effectiveness is available.

* The American Heritage Dictionary defines credible as 'capable of being believed; plausible.' and 'worthy of confidence; reliable.' To be considered an 'expert recommendation,' policies and programs must be recommended by one or more organizations that are recognized for their impartial expertise in the area of interest and have limited evidence available.

Potential Population Reach

Portion of Wisconsin's population likely to be reached by a policy or program if implemented statewide, based on its characteristics (e.g., target population(s), geographic limitations, and potential implementers).

<1%   20-49%
1-9%   50-99%
10-19%   100%

Potential Population Reach

Portion of Wisconsin's population likely to be reached by a policy or program if implemented statewide, based on its characteristics (e.g., target population(s), geographic limitations, and potential implementers).

<1%   20-49%
1-9%   50-99%
10-19%   100%

Potential Impact on Health Disparities

Likely impact of a given policy or program on racial/ethnic, socioeconomic, geographic or other disparities in Wisconsin based on its characteristics (e.g., target audience, mode of delivery, etc.) and best available evidence related to disparities.

  • Likely to decrease disparities
  • No impact on disparities likely
  • Likely to increase disparities