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2300 Main Street, Suite 170
Kansas City, MO 64108
Telephone: (816) 221-6600
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Getting together with friends, co-workers and family at a restaurant, bar or tavern can be fun, especially during the holidays or other special times. What may not be so fun is when someone drinks too much, thus becoming visibly intoxicated.
This can be an awkward situation for not only the inebriated person and their party but for the bartender as well.
One of the downsides of bartending is having to tell a visibly intoxicated customer that it is time to call it quits for the night.
Letting a visibly intoxicated person continue to drink could lead to:
In most states, bars and similar establishments are liable for over-serving customers. In fact, 38 states (including Missouri) have Dram Shop laws that relate to serving those who are intoxicated. Should a bar continue to serve an intoxicated customer who then causes an accident after leaving, the bar itself could share the liability.
In essence, cutting off drunk customers is not just a policy of the establishment, it is the law.
In general, a bar can be liable for over-serving alcohol if the establishment knew or should have known that the customer was so intoxicated that more alcohol would cause danger to him/herself or others.
Critical factors in Missouri dram shop law are
Be sure to look at your own state’s Dram Shop Law.
How can a bartender or server know when someone is visibly intoxicated? Signs include, but not limited to:·
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