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 New Hampshire, dram shop laws are codified under RSA 507-F:4, which holds that any person who is injured by an intoxicated individual may have a cause of action against a server or establishment that sold or served alcohol to that individual, but only if it can be proven that the server or establishment knowingly sold or served alcohol to a person who was visibly intoxicated. This means that bars, restaurants, liquor stores, and other licensed establishments could be held liable for damages if they serve alcohol to someone who is clearly drunk, and that person goes on to cause harm to others. It is important for establishments that serve alcohol to be vigilant in recognizing signs of intoxication to avoid potential liability under New Hampshire's dram shop laws.