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Dram Shop Liability Definition Dram shop liability, is grounded in the common law theory of negligence. Although imposes criminal dram shop liability, no such comparable statute exists for purposes of establishing civil liability. Thus, recovery by third parties is only available by establishing the elements of a common law negligence claim, i.e., duty of care, breach of the duty of care, and damages causally relate to the breach. Nonetheless, a violation of a criminal …

…the bar patron sat in the front seat fumbling around with his keys for several minutes. Everyone left the bar and drove off. Finally, he started his engine and drove off. The police officer was waiting for him. He stopped the driver, read him his rights, and administered the Breathalyzer test. The results showed a reading of 0.0. The puzzled officer demanded to know how that could be. The driver replied, " Tonight I'm the designated decoy."