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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