Dram Shop Liability in Wisconsin
State-specific overview · Tort Law
Wisconsin imposes dram shop liability on vendors for sales to intoxicated persons or anyone under the legal drinking age.
How Wisconsin treats Dram Shop Liability
Wisconsin Statute § 125.07 holds taverns, bars, and off-premises retailers liable when they sell alcohol to someone who is intoxicated or under 21 and that person causes injury or property damage. The law applies to both on-premises and off-premises sales. Wisconsin courts have found liability even when the vendor's knowledge of intoxication is inferred from the customer's appearance or behavior. The state does not typically extend dram shop liability to social hosts, though separate statutes address underage service.
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 Wisconsin.