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Defenses to the Dramshop Claim
Q. ARE THERE ANY DEFENSES TO THE DRAM SHOP CLAIM?
A. There are three main defenses to a dramshop claim (they
have been discussed previously).
1.The liquor vendors will defend dramshop actions by denying that
the illegal
sale occurred. They will most vigorously deny sale to an “obviously
intoxicated” person.
2.The liquor vendor will assert the “carding defense” in the illegal
sale to a
minor.
3.The liquor vendor will also try to assert the defense of complicity. Since
1990
complicity no longer stops any recovery, but must be considered as a form of
fault. |
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