Legal Question in Personal Injury in Pennsylvania

Dramshop-Underage-Duty of care

What duty of care does a bar owe when they knowling serve an underage parton where he is killed after leaving the bar?


Asked on 5/05/01, 10:13 am

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: Dramshop-Underage-Duty of care

If your loved one was killed in such tragic circumstances, you should consult an attorney and find one you have confidence in to pursue the dram shop claim.

In Pennsylvania, the duty is strict under the statute: serving minors is illegal, period. The bar can be held liable for the minor's injuries and death, if it's proven that the drinking caused the injuries. (Interestingly, if the intoxicated minor injures third persons, i.e., by drunk driving, they would have the additional burden to prove that the minor was visibly intoxicated when served). Liquor Code, Title 47, ss 4-497, 4-497.

I hope your inquiry is hypothetical. But if it has happened to your family, I'd be happy to consult with you, no obligation, since our firm is very experienced at these types of cases.

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Answered on 6/19/01, 2:30 pm


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