Sale of alcoholic beverage may be proximate cause of personal injuries or death
Missouri generally says that a bar or restaurant is not responsible when a drunk person hurts someone. But there are two exceptions. A licensed bar can be sued if it served alcohol to someone under 21, or if it knowingly served someone who was already visibly drunk — and that must be proven with strong, clear evidence. A person over 21 who got drunk on their own cannot sue the bar for their own injuries. Also, a boss cannot fire a worker for refusing to serve a visibly drunk customer.
537.053. Sale of alcoholic beverage may be of personal injuries or death — requirements — (dram shop law). — 1. Since the of the Missouri Dram Shop Act in 1934 (Laws of 1933-34, extra session, page 77), it has been and continues to be the policy of this state to follow the of England, as declared in section 1.010, to prohibit and to follow the common law that furnishing alcoholic beverages is not the proximate cause of injuries inflicted by persons.
2. 1 of this section, a may be brought by or on behalf of any person who has suffered personal injury or death against any person d to sell for when it is proven by that the knew or should have known that was to a person under the age of twenty-one years or served intoxicating liquor to a person.
3. For purposes of this section, a person is "visibly intoxicated" when inebriated to such an extent that the impairment is shown by significantly uncoordinated physical or significant physical dysfunction. A person's does not constitute to establish that a person is visibly intoxicated within the meaning of this section, but may be as relevant evidence of the person's intoxication.
4. Nothing in this section shall be interpreted to provide a right of recovery to a person who injury or death by the person's unless the person is under the age of twenty-one years. No person over the age of twenty-one years or their , , and may assert a for for personal injury or death against a seller of intoxicating liquor by the drink for consumption on the premises arising out of the person's voluntary intoxication.
5. In an action brought subsection 2 of this section alleging the sale of intoxicating liquor by the drink for consumption on the premises to a person under the age of twenty-one years, that the seller or the seller's or employee demanded and was shown a driver's license or official state or federal personal , appearing to be genuine and showing that the was at least twenty-one years of age, shall be relevant in determining the relative of the seller or seller's agent or employee in the action.
6. No employer may his or her employee for refusing to a visibly intoxicated person.
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Source & history notes
(L. 1985 S.B. 345 § 1, A.L. 2002 H.B. 1532) (2000) Provisions of Missouri's dram shop law that impose liability only upon conviction of sale of liquor to a person under age or to an obviously intoxicated person are an unconstitutional violation of the state's open courts provision, Missouri Constitution Article I, Section 14, because access to the courts is conditioned upon a prosecutor's decision to bring the case. Kilmer v. Mun, 17 S.W.3d 545 (Mo.banc). (2002) Kilmer v. Mun decision applies retrospectively. Piskorski v. Larice, 70 S.W.3d 573 (Mo.App.E.D.). (2006) Dram shop act is constitutional under open courts clause and equal protection clause. Snodgrass v. Martin & Bayley, Inc., 204 S.W.3d 638 (Mo.banc).
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.