Hospitality & 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.

Michetti_Ralph
R. Anthony Michetti, Co-chair
Patrick Reilly
Patrick T. Reilly, Co-chair

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

Pittsburgh
Hospitality & 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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The Court of Common Pleas of Lehigh County, Pennsylvania held that Section 4-497 of the Pennsylvania Dram Shop Act prohibits common law negligence claims against a liquor licensee.

Pittsburgh
Hospitality & Liquor Liability
The plaintiff was injured in a motor vehicle accident when his vehicle was struck by the defendant-driver’s vehicle, which ran a red light. Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Claims Against Bar/Restaurant Dismissed in Dram Shop Action

Hospitality & Liquor Liability

The plaintiff spent the afternoon at our client’s restaurant/bar before driving ten minutes to his local Country Club to continue celebrating his birthday. Ninety minutes after he arrived at the Club, he fell down the stairs and suffered a severe brain injury. His Blood Alcohol Content was roughly three times the legal limit. The plaintiff had previously worked as a high-end custom wood finisher but is now unable to see color, among having other deficits, and he is alleged to be fully disabled.

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Summary Judgment Secured in a Dram Shop Liability Case

Hospitality & Liquor Liability

We won summary judgment in a challenging dram shop liability case against a large restaurant chain where the demand was $1 million. The plaintiff alleged our client was responsible for overserving the co-defendant driver prior to the subject motor vehicle accident. The court agreed with our arguments that the plaintiff failed to establish a violation of the The New Jersey Dram Shop Act. The plaintiff failed to present an expert report until opposing our motion for summary judgment.

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Claim for corporate veil piercing in wrongful death dram shop action dismissed.

Hospitality & 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 & 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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