Dram Shop Liability in Arkansas

State-specific overview · Tort Law

Quick summary

Arkansas recognizes dram shop liability for sales to visibly intoxicated persons under common law.

How Arkansas treats Dram Shop Liability

Arkansas does not have a comprehensive dram shop statute but permits negligence claims against bars and stores that serve visibly intoxicated customers. Courts require proof that the establishment's employee knew or reasonably should have known the patron was intoxicated before serving additional alcohol. The injured third party must establish a direct causal link between the service and the resulting harm.

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The general definition of Dram Shop Liability

Legal responsibility of bars or stores for harm caused by serving alcohol to intoxicated people.

Dram shop liability holds businesses that sell alcohol accountable when they serve drinks to someone who is already drunk or visibly intoxicated, and that person then causes injury or damage to others. The law recognizes that the bar or store had a duty to refuse service in these situations. If they fail to do so and the customer harms someone—say, by driving drunk—the business can be sued for those damages. The idea is to discourage over-serving and create an incentive for responsible alcohol service.

Read the full Dram Shop Liability entry →

This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Arkansas.