Most states have a dram shop law to deter providers of alcoholic beverages (servers, liquor stores, bars, restaurants) who sell or serve alcoholic beverages under authority of a license or permit from selling or serving alcoholic beverages to obviously intoxicated individuals.

These laws generally eliminate any liability of servers, liquor stores, bars, and restaurants when a person to whom they sell or serve alcohol causes personal injury or property damage—whether in an automobile accident, a fight, or other incident—unless the person to whom they sell or serve alcohol is obviously intoxicated.

Laws regarding dram shop liability vary from state to state and are usually located in a state’s statutes.

In Idaho, dram shop laws are codified under Idaho Code § 23-808. This statute provides that any person who provides alcoholic beverages to another person may not be held liable for damages caused by the intoxication of the person consuming the alcohol, except under certain circumstances. Specifically, liability may arise if the alcohol was provided to a person who was 'obviously intoxicated' or if it was provided to a minor. The law is designed to hold servers and establishments accountable if they negligently serve alcohol to someone who is clearly intoxicated or underage, and that person subsequently causes harm to themselves or others. It is important for servers, liquor stores, bars, and restaurants in Idaho to be aware of these provisions to avoid potential liability.