Mass Dram Shop & Social Host Liability Flashcards
1
Q
Has MA adopted dram shop & SH liability through statute?
A
NO….only through c/l
2
Q
is it strict liability?
A
yes, dram shop or social host is strictly liable for injuries negligently inflicted by the patron or guest proximately resulting form intoxication.
3
Q
elements
A
- only upon:
- additional provision of alcohol
- after K or RTK was intoxicated
4
Q
difficult for plaintiff to prove….
A
“know”. It’s difficult to know when someone is intoxicated, some don’t show signs until later
5
Q
Has SJC addressed if K or RTK service to minor supports liability?
A
no, not yet.
