Liquor liability is a complex area of personal injury law, especially in Massachusetts, where both “dram shop” laws and social host liability laws come into play. If you or a loved one has been harmed by an intoxicated person, it’s important to understand your rights — and who may be held responsible.

What Is Liquor Liability?

Liquor liability refers to the legal responsibility that bars, restaurants, liquor stores, and even private individuals can bear when they serve or provide alcohol to someone who then causes harm — such as in a drunk driving accident or an assault. In Massachusetts, this responsibility is governed by two main types of laws:

  • Dram Shop Laws
  • Social Host Liability

Dram Shop Liability: Holding Bars and Restaurants Accountable

Under Massachusetts General Laws Chapter 138, Section 69, licensed establishments that serve alcohol have a duty not to serve intoxicated persons. If a bar, restaurant, or nightclub continues to serve someone who is visibly intoxicated — and that person goes on to cause injury — the establishment may be held liable for damages.

Key element of a dram shop case:

  • The establishment served alcohol to someone who was visibly intoxicated.

These cases often rely on eyewitness testimony, surveillance footage, or receipts showing the amount of alcohol served in a short period.

Liquor Liability Insurance: A Legal Requirement for Businesses

In Massachusetts, businesses licensed to serve alcohol are required to carry liquor liability insurance. This requirement is designed to protect the public and provide financial coverage in the event that someone is injured due to the negligent service of alcohol.

According to Massachusetts law:

  • Establishments licensed to serve alcohol on the premises (such as bars, restaurants, clubs, and event venues) must carry liquor liability insurance.
  • The minimum coverage amounts are typically $250,000 per person and $500,000 per occurrence.
  • Proof of coverage is required as a condition of maintaining a liquor license.

This insurance can play a critical role in personal injury claims. If a business is found liable under dram shop laws, its liquor liability policy may be the source of compensation for victims. However, not all businesses comply with these requirements, which can complicate legal claims.

Social Host Liability: What Happens at Private Parties?

Massachusetts also recognizes social host liability, which applies when a private individual serves alcohol at a party or gathering. A host may be held liable if:

  • They provided alcohol to a guest under 21 years old, or
  • They knowingly allowed a guest — of any age — to become intoxicated and then harm someone.

Unlike dram shop cases, social host liability does not usually apply when the intoxicated person is over 21 and provided their own alcohol — but each case is unique.

liquor liability

Common Scenarios

Liquor liability claims often come into play in cases such as:

  • Drunk driving accidents
  • Assaults or injuries at bars or parties
  • Alcohol-related accidents involving minors

In each of these situations, not only are the actions of the intoxicated person investigated, but also whether a third party — like a bartender or party host — may have acted negligently under Massachusetts law.

Liquor liability claims can be challenging to prove and involve multiple layers of evidence, insurance issues, and legal standards.

For decades, SUGARMAN attorneys have represented victims in some of the most complex liquor liability cases in Massachusetts. If you have been injured due to someone else’s intoxication — whether on the road, at a bar, or at a private home, and you would like to speak to an attorney, call 617-542-1000, email or fill out our contact form.