# Legal Herald: Dram Shop

> How dram shop liability and social host liability work, what you must prove, and a verified comparison of states that limit or reject claims against servers.

Website: https://dram-shop.legalherald.com/
Part of: [Legal Herald](https://legalherald.com/llms.txt)
Last Updated: 2026-11-06

## Guide
- [Dram Shop Law: When a Bar or Host Is Liable for a Drunk Driver](https://dram-shop.legalherald.com/) (reviewed by Laurence Banville, Esq.)

## FAQ

### What is a dram shop law?
A dram shop law lets a person injured by an intoxicated individual sue the business that sold or served the alcohol, usually when the customer was visibly intoxicated or underage. The name comes from shops that once sold liquor by the dram, a small unit of measure. Each state sets its own rules.

### Can I sue a bar if a drunk driver who drank there hit me?
In most states, yes, if you can show the bar served the driver while visibly intoxicated (or served a minor) and that the intoxication contributed to the crash. A few states, including Delaware, Kansas and Virginia, do not allow these claims against sellers at all.

### What is social host liability?
Social host liability is the responsibility a private person may have for injuries caused by a guest they served alcohol. Most states do not hold hosts liable for adult guests, but many allow claims against adults who knowingly give alcohol to people under 21 or allow underage drinking in their homes.

### Can a drunk person sue the bar for their own injuries?
Usually not. Most dram shop laws protect third parties hurt by the intoxicated person, not the drinker. Some states allow an underage drinker to sue a seller who served them, and family members may have claims in some states when the drinker dies.

### How do you prove a bar overserved someone?
Common evidence includes receipts and point-of-sale records showing how many drinks were served, surveillance video, testimony from staff and other patrons, the driver's blood alcohol level, and a toxicologist's estimate of how intoxicated the person would have appeared when served.

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