Dram Shop Liability in New Hampshire
State-specific overview · Tort Law
New Hampshire recognizes dram shop liability when servers knowingly serve alcohol to visibly intoxicated patrons who cause harm.
How New Hampshire treats Dram Shop Liability
New Hampshire holds bars and liquor retailers liable for injuries caused by intoxicated customers when the establishment knew or should have known the patron was visibly intoxicated at the time of service. The plaintiff must prove the server's negligence in continuing to serve an obviously intoxicated person. New Hampshire also recognizes social host liability in certain circumstances, making non-commercial alcohol providers potentially liable as well.
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 New Hampshire.