Hospitality and Liquor Liability

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Bars, taverns, hotels, resorts, restaurants, fraternities, clubs, convention centers and virtually any type of establishment that is licensed to serve alcohol all have one thing in common—high-exposure for liquor liability. Admittedly, plenty can go wrong when your main line of work is serving alcohol to patrons and customers. The stakes are high for the owners and operators of these establishments as they commonly face legal complaints based on laws known as Dram Shop statutes.

Marshall Dennehey has extensive experience representing members of the hospitality and liquor industry in dram shop litigation. Our clients include major restaurant chains, privately owned inns and taverns, hotel properties and a wide variety of entertainment venues. The attorneys in our practice group have successfully defended bars, taverns, hotels and a host of social organizations against claims from third-parties arising from the alleged sale of alcohol to intoxicated patrons or to minors. We concentrate on the representation of liquor licensees and social hosts in cases ranging from simple injuries resulting from slip-and-falls to more significant complex personal injury and wrongful death claims.

With 40 years of experience in this practice area, we have worked with our clients to develop investigatory procedures, defense and discovery strategies, and trial preparation techniques that enable us to successfully defend such matters or settle them for reasonable sums. Our attorneys also possess the specific knowledge of the law and are intimately familiar with the unique dram shop statutes for every state in which we practice.

This hybrid area of law incorporates multiple liability exposures including:

  • Dram Shop/Liquor Liability
  • Amusement Sports & Recreation
  • Hotel and Resort Law
  • Hotel Security/Negligence
  • Restaurant and Retail Liability
  • Slip and Fall/General Liability
  • Water Park Safety

We are cognizant that hospitality and liquor cases often have a public relations aspect, and we are fully prepared to manage all collateral issues that may arise. Additionally, our multi-office coverage and familiarity with local rules and practice provide us an edge in defending this litigation.

The Hospitality and Liquor Liability Practice Group serves clients in communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida, New York and Connecticut. We welcome the opportunity to work with you in defending your liquor and hospitality litigation. If desired, we are also happy to present educational seminars and workshops as a mutually beneficial introduction to our working relationship.

Michetti_Ralph
R. Anthony Michetti, Chair
Birris_Tom
Thomas P. Birris, Co-chair
Patrick Reilly
Patrick T. Reilly,
Additional contact

The Supreme Court of Pennsylvania Refused to Extend Civil Liability to Social Hosts Serving Alcoholic Beverages

Pittsburgh
Hospitality and Liquor Liability
The plaintiff was injured in a motor vehicle accident when he was struck by an employee of the defendant’s employer, who swerved across the center line of the road and into the plaintiff’s path. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Claim for corporate veil piercing in wrongful death dram shop action dismissed.

Hospitality and Liquor Liability

The plaintiff included a count seeking to pierce the corporate veil and pursue the principals of the liquor licensee under an enterprise theory of liability. We argued that there is no cause of action for corporate veil piercing under an enterprise theory; rather, these theories are used to recover if, and only if, the entity is not able to satisfy any judgment against it. The court dismissed the count.

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Defense obtains a minority view win in a personal injury/dram shop action in the Connecticut Superior Court.

Hospitality and Liquor Liability

After suffering severe brain damage in a motor vehicle accident, the plaintiff brought claims of negligence and recklessness against our restaurant client and other various defendants, including the owners and operator of the offending vehicle, who was charged with multiple criminal offenses (still pending) for operating under the influence. On behalf of our client, cross-claims were asserted for contribution and indemnification.

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Attorneys obtained summary judgment in a dram shop action brought against our client by three patrons who claim they were assaulted, abused and falsely arrested by off-duty police officers who had become intoxicated in our tavern

Hospitality and Liquor Liability

Attorneys obtained summary judgment in a dram shop action brought against our client by three patrons who claim they were assaulted, abused and falsely arrested by off-duty police officers who had become intoxicated in our tavern. The melee started in the tavern but eventually spilled out onto the sidewalk in front of the tavern where one of the off-duty officers allegedly handcuffed one of the plaintiffs and smashed his face into the hood of a police car.

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Attorneys obtained summary judgment in a Dram Shop case

Hospitality and Liquor Liability

Attorneys obtained summary judgment in a Dram Shop case. After drinking all day and attending the insured's charity function, the decedent was killed later that night in an automobile accident. After his life-long friend failed to observe a stop sign, the decedent was thrown from the open-air bed of his classic pick-up truck. The decedent's estate claimed that the insured knowingly served the driver when he was visibly intoxicated and failed to provide a secure and safe environment at the charity function.

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News

Joseph Rava Joins Marshall Dennehey in Westchester County

Marshall Dennehey announced today that Joseph J. Rava, a veteran of the insurance and defense litigation industries, has joined the firm's Westchester County office as a shareholder in the Casualty Department. Previously, he was regional house counsel for Harleysville/Nationwide Insurance, where he focused on attorney recruitment and development, and the defense of claims in New York Labor Law matters.

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