Alaska Dram Shop Law

Alaska Dram Shop Law – When an accident occurs involving a drunk driver, the driver who broke the law by driving while intoxicated will likely face criminal charges. This includes accountability for injuries and damage caused by the accident. However, even though the drunk driver made the choice to consume the alcohol, the alcohol had to come from somewhere. Under under the Alaska Dram Shop Law, the person or establishment that provided the alcohol to the intoxicated driver may be liable as well. 

Alaska Dram Shop Law Explained

Alaska is one of several states with a “dram shop” law. The name, Dram Shop Law  originates from 18th century British establishments which sold gin by the “dram” or by the spoonful. Under Alaska Dram Shop Law, a business licensed to sell alcohol which does so carelessly by serving obviously intoxicated customers, may then be held liable for the intoxicated guest’s actions after they leave the premise.

Alaska’s dram shop law, outlined in AS 04.21.020, establishes civil liability for individuals and establishments serving alcohol to minors or intoxicated individuals who then cause injury or damages. The law says that businesses must use “reasonable care” to conduct their business lawfully. This prohibits the following: 

• Providing alcohol to a “drunken person”; 
• Allowing a “drunken person” to enter the premises and remain on the premises of the establishment; 
• Allowing a “drunken person” to consume alcohol on the premises of the establishment; or 
• Allowing a “drunken person” to sell or serve alcohol. 

The law also provides guidance regarding a drunken or intoxicated person for the employees of those establishments. A “drunken person” is:

• a person who demonstrates physically or mentally impaired conduct; and/or
• a person who exhibits plain and easily identifiable outward manifestations of intoxicated behavior (e.g., confusion, slurred speech, staggering, being overly friendly.)

Responsibilities Of Owning A Liquor License

Businesses with liquor licenses are strictly liable for damages that occur as a result of over-serving a patron. This means there is no legal defense to what happens after the patron consumes the alcohol, both at the establishment and after leaving. One exception to the rule is if the alcohol is served to a minor. If the business properly verified the age of the minor and was shown a well-made fake ID, the business may be able to mitigate, liability. 

Pursuing Potential Claims

Explaining the facts will help your attorney decide whether you have a case against the intoxicated person who injured you. An experienced personal injury attorney will also investigate all potential claims against the establishment serving the alcohol. If you suffer injuries or a loved one dies in an accident caused by an intoxicated driver, contact an experienced Alaska personal injury attorney. An good Alaska personal injury attorney will analyze Alaska Dram Shop Law and advise you how to proceed.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are. Call Johnson Law at  (907)277-3090 or use our Contact Form to discuss your Alaska Commercial Trucking Accident injury case. We are here to serve you.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

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