You’ve heard a similar story over and over.

It is 10 o’clock at night on a Wyoming highway. A van with no headlights careens into the path of oncoming traffic killing an elderly couple on their way home from vacation. The van driver, whose blood-alcohol level is twice the legal limit, is also killed along with his two passengers.

The family of the couple killed in the accident files a lawsuit against the bar owners, whose establishments served the motorist. However, the judge dismisses the lawsuit based on a 2003 Wyoming Supreme Court ruling, which states that bar owners in Wyoming aren’t responsible for their patrons’ actions.

This is not the norm. Court decisions coupled with new state laws are holding sellers of alcoholic beverages gradually more responsible for damages and injuries resulting from a patron’s inebriated conduct.

A recent article in Rough Notes discusses the proliferation of Liquor Liability laws and the importance of insurance coverage. Despite the national sentiment towards drunk driving, there are establishments willing to risk everything because they believe they can’t afford liquor liability protection.

Attorney Scott Gemberling’s law practice focuses on liquor liability defense. He says, unlike other liability cases, liquor liability is unique because most alcohol-related cases are judged on an emotional basis.

“There are varying degrees of outcomes when one is working a medical malpractice case or a professional liability case, but all dram shop cases are tragic,” he says. “The word ‘alcohol’ exacerbates a jury verdict four or five times. The jury gets angry. It’s not like somebody broke an arm or a leg. With alcohol-related cases, usually there are multiple deaths involved.” (Zinkewicz, 2010)

Gemberling goes on to say that many lawyers are reluctant to take on alcohol-related cases because the likelihood of winning is slim to none and, in some states, where liquor liability insurance is not required, there is no “money motivation.”

The economy also has a significant impact on the liquor liability market. “When revenues are down some people decide to go without insurance,” says Chris Reisdorf of wholesaler, TAPCO Underwriters. (Zinkewicz, 2010) Generally, liquor liability comes within a package. Many companies are not willing to write stand-alone coverage. Some establishments aren’t even aware of the existence or necessity of liquor liability coverage and may not find out about it until faced with the consequences of an alcohol-related injury or death.

Learn more about Liquor Liability Coverage by taking CEU’s online Liquor Liability course.

Mirhadi, D. (2008, March 11). Small town remembers helpful couple . Retrieved July 16, 2010, from trib.com: http://trib.com/news/state-and-regional/article_fdb790f1-3c77-5838-9eb9-bd6d787a7fa5.html

Neary, B. (2010, July 13). Lawyer pledges appeal of Wyo. liquor liability law. Retrieved July 14, 2010, from businessweek.com: http://www.businessweek.com/ap/financialnews/D9GU87C80.htm

Zinkewicz, P. (2010, July). Liquor Liability. Rough Notes , 26, 28.