Dram Shop Liability in Mississippi
State-specific overview · Tort Law
Mississippi does not recognize dram shop liability; bars and stores generally cannot be sued for serving intoxicated patrons.
How Mississippi treats Dram Shop Liability
Mississippi has not adopted dram shop liability through statute or common law, making it one of the more restrictive states on this issue. Injured parties typically cannot sue an alcohol-serving establishment for injuries caused by an intoxicated patron, even if the patron was visibly intoxicated at the time of service. The state places responsibility on the intoxicated individual rather than the server. This rule applies uniformly to bars, restaurants, and liquor stores.
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 Mississippi.