Dram Shop Liability in California
State-specific overview · Tort Law
California restricts dram shop liability to sales to obviously intoxicated persons or those under 21.
How California treats Dram Shop Liability
California Business and Professions Code § 25602 imposes liability on establishments that sell alcohol to visibly intoxicated persons when that sale causes injury. The statute also prohibits sales to anyone under 21, creating separate liability grounds. California courts interpret 'obviously intoxicated' strictly, requiring clear and manifest signs of intoxication at the moment of service, making plaintiff burden of proof substantial.
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 California.