Should Wisconsin Have Dram Shop Liability?
February 2025
Wisconsin's current approach to drams shop liability is limited as compared to many other states. If Wisconsin were to expand dram shop liability, many potential benefits could be foreseen. For example, expanding dram shop liability would allow persons injured by drunk drivers to hold bars and restaurants accountable for overserving patrons or underage drinkers. The increased accountability would encourage establishments to be more careful about monitoring patron alcohol consumption and checking identification of younger drinkers. Further, dram shop liability could deter irresponsible serving practices and reduce alcohol related accidents. By creating a financial incentive for establishments to serve alcohol responsibly, the roads woulds be safer for the community from the threat of drunk drivers.
Expanding dram shop liability would further provide another avenue for those injured by drunk drivers to recover for their injuries. The expanded liability could assist in the recovery of medical bills, lost wages and non-economic damages. In addition, establishments that serve drunk drivers would known to the public.
Wisconsin's limited approach to dram shop liability is due for a change. Those who overserve drunk drivers must bear some of the responsibility for the damage that they cause to the community and injured persons.
If you have been injured by a drunk driver, take the time to find experienced trial counsel. At Herrick & Hart, we have been on the side of the injured since 1951.