Dram Shop Laws and Sexual Assault

Dram Shop Laws and Sexual Assault

In California, the Dram Shop Laws allow businesses and vendors who sell alcohol at events or in private settings to be held liable for any damages caused by patrons after they leave the venue and are involved in an accident. Vendors and companies are held responsible for some of these damages and owe a responsibility to compensate victims.

State-specific laws and regulations may apply both to private and public gatherings where alcohol is freely distributed. It is possible to hold the host accountable when guests become intoxicated and make horrible decisions.

When someone is too drunk on the way out of a social event, sexual assault is possible. In addition, alcohol consumption increases the chances of another party harming or even injuring the person. It is possible that the state could hold the host responsible for some of the damages.

Selling Alcohol and Dram Shop Law

An alcohol-related incident involving a dram shop is considered a third-party liability. As part of the liability for the damage that a guest or customer commits after departing, a company that sells alcohol to them is partially or totally responsible for the damage that they cause.

In the event that a person departs with a blood alcohol concentration above .08, the business may be liable for any victims. Alcohol sales impose a responsibility on businesses to prevent these accidents.

What Dram Shop Laws Have To Do with Sexual Assault?

Crimes are more likely to occur in small towns because of ride-share services, social media, and other forms of communication. In the event that a business sells too much alcohol to an individual, it may be liable for any injury sustained by that individual.

Victims of sexual assault are more likely to recognize the perpetrator or link the attack to social media or applications. The attacker may devise a strategy to engage the victim if he or she knows the victim is in a bar or purchasing alcoholic beverages.

Connection Between Dram Shop and Social Hosting

In some states, such as California, a social host of an event may be held accountable for an incident. Parties, social events, or corporate events are often hosted by a single individual or business. It is not necessary for the injury to take place on the property for the owner to be held liable for damages; it can even take place in an automobile accident.

Sexual assaults, however, are typically committed by drivers who are either party guests, employees of the party, or rideshare drivers intoxicated enough to not recognize their surroundings.

Getting Social Host Law Right with Dram Shop

It is possible for a person to be sexually attacked when they leave a host party after being injured by overindulgence in alcohol. Despite the fact that the host is not directly responsible for alcohol consumption, social host rules, dram shop laws, or other regulations may apply as a result of alcohol availability and the risk of injury inflicted to the departing guest.

Social functions should limit the consumption of alcoholic beverages and ensure that guests leave within a formal process. As a result, the host of the party may be less liable.

Company Events and Dram Shop

In cases where a host is not responsible for preventing possible attacks, the company or organization that hosts a party, event, or organization that serves alcohol in any form can still be held liable for similar sexual assault crimes that occur at the venue or afterward. Ridesharing companies like Uber or Lyft may be partially responsible if someone leaves using their services.

Nevertheless, California law may hold the firm host responsible for some of the situations. Based on the way the sexual assault took place and who is liable, a lawyer is often needed to determine who is accountable.

How an Attorney Can Help?

No matter where the victim was, whether he or she was at a party, buying liquor in an establishment, or at an event, an Attorney will be able to help and support them as they pursue compensation against the responsible parties for the crime of sexual assault. If you have any claim of sexual assault in California, Deldar Legal Injury Attorneys can help you in pursuing that case lawfully.


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Posted in: Personal Injury, Product Liability, Slip & Fall

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