Dram Shop Liability in West Virginia
State-specific overview · Tort Law
West Virginia recognizes dram shop liability for sales to visibly intoxicated persons but limits social host liability.
How West Virginia treats Dram Shop Liability
West Virginia holds bars and liquor stores liable when they sell alcohol to someone they know is intoxicated, and that person subsequently injures a third party. The state applies the doctrine to commercial vendors but generally does not extend it to social hosts serving alcohol at private gatherings. Liability attaches when the vendor had actual or constructive knowledge of the customer's intoxication at the time of sale. The injured party must prove a direct causal link between the sale and the harm suffered.
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 West Virginia.