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 Louisiana, unlike many other states, there is no specific dram shop law that holds alcohol vendors or servers civilly liable for damages caused by their intoxicated patrons. Instead, Louisiana law generally follows the principle that the consumption of alcohol, rather than the service of alcohol, is the proximate cause of any injury inflicted by an intoxicated person. However, Louisiana does have laws that prohibit the sale of alcohol to minors and obviously intoxicated persons. Violation of these laws can result in criminal penalties for the server or vendor, but not typically in civil liability to third parties injured by the intoxicated individual. It is important for servers and vendors to be aware of these regulations to avoid criminal charges, but they do not face the same civil liability risks under dram shop laws as they might in other states.