Dram Shop Liability in Maryland
State-specific overview · Tort Law
Maryland recognizes dram shop liability for sales to minors and visibly intoxicated persons under Alcoholic Beverages Article Section 2-403.
How Maryland treats Dram Shop Liability
Maryland law holds bars and liquor stores liable when they sell alcohol to anyone under 21 or to a person they know or should know is visibly intoxicated. Section 2-403 of the Alcoholic Beverages Article establishes this duty. Maryland courts have applied a reasonable person standard to determine whether the vendor should have known of intoxication. Claims must generally be brought within three years of the injury.
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 Maryland.