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 Oklahoma, dram shop laws are codified under the Oklahoma Alcoholic Beverage Control Act. These laws allow for a cause of action against alcohol retailers, such as bars, restaurants, and liquor stores, for the sale of alcoholic beverages to an obviously intoxicated person or to an individual under the legal drinking age if the consumption of alcohol is a cause of resulting injuries or damages. Oklahoma's dram shop statute specifically states that any person who is injured by an intoxicated person has a right to pursue legal action against the commercial establishment that sold the alcohol if the establishment knew or should have known the person was intoxicated. It is important for establishments that serve or sell alcohol to be aware of these regulations to avoid potential liability. An attorney can provide more detailed information on how these laws may apply in specific circumstances.