NCJ Number
112377
Journal
Northern Illinois University Law Review Volume: 7 Issue: 2 Dated: (Spring 1987) Pages: 257-278
Date Published
1987
Length
22 pages
Annotation
Societal concerns over the drinking and driving problem have generated a variety of judicial and legislative responses focusing primarily on remedial awards and punitive sanctions.
Abstract
Under common law, it was not a tort to serve intoxicating liquor, as it was believed that the drinking rather than the serving was the proximate cause of any resulting injuries so long as the server exercised a due standard of care. Dram shop acts and social host liability statutes create a civil cause of action against the server of alcoholic beverages. Currently, the majority of States advocate some type of server liability on the premise that innocent third parties injured by an intoxicated driver should be compensated. However, increasing server liability will not solve the drunk driving problem. Given skyrocketing liability insurance rates, servers are forced to carry an excessive cost that cannot readily be passed on to the consumer. Further, since tavern owners generally carry more insurance than patrons, they will be more likely to be sued for the entire amount of damages, thus relieving the patron of responsibility and providing no incentive for reduced consumption. A fairer approach would be to limit the amount of recovery to reasonable ceilings, thus making liquor liability insurance more affordable and allowing servers to pass the costs to consumers. In addition, compulsory automobile insurance rates should be raised, thus heightening driver awareness of the costs of drunk driving. 129 footnotes.