Legal Question in Securities Law in Pennsylvania

Hi im a 16 old boy intrested in becoming a lawyer i have a question my parents were fighting this evening at a bar my stepdad decided to walk home my mom to stay well i called the bar 3 times the first time they said she wasnt there the second time they still said she wasnt there the third time they said it was illegal for them to tell you that person wanst there when infact they were. Also if i might add they serve intoxicated all the time it dont matter if your drunk they still serve you.

(Any person licensed to serve alcohol may not serve intoxicated persons. To do so may result in civil liability for injuries caused by the intoxicated person and/or suspension or revocation of the license. M.G.L.c.138, #69.)


Asked on 7/11/10, 10:40 pm

1 Answer from Attorneys
Rachel Hunter

I am not sure what your question is. Even if your mother was at the bar, the bar owner can choose to serve her regardless of whether she was intoxicated or not. If she was intoxicated and got in an accident and injured someone else, that unjured person could sue the bar owner. The bar owner is free to take the risk. A bar is private property - the bar owner was probably annoyed by your multitude of calls.

I do not know what law you are citing. PA has its own laws that apply under the Dram Shop Act in Title 47 of the PA Statutes. Since you are a budding lawyer, you can find the statutes online for free. However, here is the relevant part:

� 4-497. Liability of licensees

No licensee shall be liable to third persons on account of damages inflicted upon them off of the licensed premises by customers of the licensee unless the customer who inflicts the damages was sold, furnished or given liquor or malt or brewed beverages by the said licensee or his agent, servant or employe when the said customer was visibly intoxicated.

1951, April 12, P.L. 90, art. IV, � 497, added 1965, Dec. 22, P.L. 1144, No. 441, � 1. Reenacted 1987, June 29, P.L. 32, No. 14, � 85, effective July 1, 1987.

47 P.S. � 4-497, PA ST 47 P.S. � 4-497

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Answered on 7/12/10, 11:37 am


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