Liquor Liability Law
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Comprehensive coverage of civil liability of tavern owners, social hosts, employers, and others, for negligent service of alcohol to intoxicated persons and minors. Who can sue, who can be sued, and what actions give rise to liability are some of the issues that are fully explored.
Both common law and statutory claims are discussed. Includes all dram shop statutes.
Other features of the set include:
• Extensive practice materials: Forms, sample pleadings and checklists
• Step-by-step explanation of how to investigate and litigate a liquor liability case
• Discussion of scientific issues by a forensic toxicologist, Harvey M. Cohen, Ph.D.
• State summaries, putting the law of each state in capsule form
• Chart of illustrative awards and settlements
• Text and analysis of the Model Dram Shop Act
First published in 1987.
2 Volumes; Looseleaf; updated with supplements and revisions.
James F. Mosher, Director, APIP, Trauma Foundation, San Francisco General Hospital, San Francisco, California; Gail Susan Boertzel, Associate, Stephen S. Weinstein, PC, Morristown, New Jersey; Kevin P. Clune, Associate Attorney, J. Russell Clune, PC, Harrison, New York; J. Russell Clune, President, J. Russell Clune, PC, Harrison, New York; Harvey M. Cohen, Director, Cambridge Technical Associates, Needham, Massachusetts; Marc L. Cohen, Associate Attorney, Kaufman and Payton, Farmington Hills & Detroit, Michigan; Victor J. Colman, Legal Research Analyst, Prevention Research Center, Pacific Institute for Research and Evaluation, San Francisco, California; John W. Guendelsberger, Associate Professor, Claude E. Pettit College of Law, Ohio Northern University, Ada, Ohio; Colleen Harrington, Attorney and Legal Research Analyst, Pullman, Washington; Peter Jan Honigsberg, Professor and Director, Legal Writing and Research Program, Golden Gate University School of Law, San Francisco, California; Kathleen Miller Janes, Attorney, Oakland, California; Alan Jay Kaufman, Partner, Kaufman and Payton, Farmington Hills & Detroit, Michigan; Kenneth J. Mendelsohn, Partner, Beasley, Wilson, Mendelsohn & Jemison, PC, Montgomery, Alabama; Donald L. Payton, Partner, Farmington Hills & Detroit, Michigan; Mark J. Roberts, Partner, Locke Reynolds Boyd & Weisell, Indianapolis, Indiana; Robert Roth, Attorney, Berkeley, California; Martha L. Sokol, Attorney, Mamaroneck, New York; Robert M. Solomon, Professor, University of Western Ontario Law School, London, Canada; Sandra Varano, Attorney, Weiner, Ostrager, Fieldman and Zucker, Hackensack, New Jersey; Richard J. Weiner, Attorney, Weiner, Ostrager, Fieldman and Zucker, Hackensack, New Jersey; Stephen Saul Weinstein, Attorney, Morristown, New Jersey
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Table of contents
Ch 1 Introduction: Approaching a Liquor Liability Case
Ch 2 Overview of Dram Shop Statutes
Ch 3 Dram Shop Statutes: Plaintiffs
Ch 4 Dram Shop Statutes: Defendants
Ch 5 Dram Shop Statutes: Acts Giving Rise to Liability
Ch 6 Dram Shop Statutes: Defenses and Statutory Limitations
Ch 7 Dram Shop Statutes: Recoverable Damages
Chs 8-10 [Reserved]
Ch 11 Common Law Actions: Plaintiffs
Ch 12 Common Law Actions: Defendants
Ch 13 Common Law Actions: Scope of Duty
Ch 14 Common Law Actions: Causation
Ch 15 Common Law Actions: Damages
Ch 16 Common Law Actions: Defenses
Ch 17 Employer Liability
Ch 18 Contribution and Indemnity: Settlement and Release
Ch 19 Insurance Coverage
Ch 20 Canadian Dram Shop Liability Law
Ch 21 Server Intervention
Ch 22 Blood Alcohol Concentration and Liquor Liability
Ch 23 Practice and Procedure: Preliminary Investigation
Ch 24 Pre-Trial Strategy
Ch 25 Trial Strategy
Ch 26 Conflict of Laws
Appendix A State Summaries
Appendix B The Model Alcoholic Beverage Retail Licensee Liability Act of 1985
Appendix C An Act Regarding the Establishment of Alcohol Server Training Programs
Appendix D Illustrative Awards and Settlements
Appendix E The Model Responsible Server Training Act of 1987
Table of Cases
Table of Statutes