A dram shop law lets a person injured by a drunk driver hold the bar or business that overserved them partly responsible. In Alabama, this applies when a business unlawfully serves alcohol to a minor or a visibly intoxicated person. In 2024, 11,904 people died in alcohol-impaired crashes, according to the National Highway Traffic Safety Administration (NHTSA).
What You Should Know About Dram Shop Laws
A dram shop law is a rule that can hold a business responsible when it serves alcohol to someone who then hurts another person. The name comes from an old term: a “dram” was a small measure of liquor, and a “dram shop” was a bar or tavern.
Normally, a drunk driver is responsible for their own crash. A dram shop law adds a second responsible party: the business that served the alcohol. This is a form of third-party liability, because it reaches beyond the drunk driver to the establishment.
Drunk driving remains a deadly problem. According to the NHTSA, about 32 people die in drunk-driving crashes every day in the U.S. So, dram shop laws give victims another path to recovery. They push sellers to stop serving people who have had too much.
How Does Alabama’s Dram Shop Law Work?
Alabama has a dram shop law, found at Ala. Code § 6-5-71. But it only applies in specific situations. For example, the sale must be unlawful.
This is the heart of an Alabama claim. A business is not liable simply for selling someone a drink. It becomes liable only when it serves alcohol “contrary to law”. This means that it served someone who was under the legal drinking age of 21, or already visibly intoxicated.
The law allows the injured person and family members harmed by the loss to seek damages. Alabama’s statute allows both compensatory damages and exemplary, or punitive, damages meant to punish the business.
In Alabama, a bar is not responsible just for serving a drink. The victim must show the business unlawfully served a minor or a visibly intoxicated person. Our dram shop liability attorneys can help prove that.
Alabama’s dram shop law has been revised in recent years. The exact requirements can be technical.
Can a Social Host Be Liable in Alabama?
Many people wonder if a private party host can be sued like a bar. In Alabama, the answer depends on who was served.
| Who Was Served | Is the Host Liable? |
|---|---|
| A visibly intoxicated adult | Generally no |
| A minor (under 21) | Potentially yes |
Unlike a licensed bar, a social host in Alabama is usually not liable. This is true when serving alcohol to a visibly intoxicated adult. That isn’t against the law for a private host. This rule comes from Alabama court decisions such as Beeson v. Scoles Cadillac.
However, serving a minor is different from giving alcohol to someone under 21 is illegal. So, a social host who gives alcohol to a minor may be liable if the minor causes an accident. This principle comes from the case Martin v. Watts. If a party host gave alcohol to an underage drinker who caused your injury, you may have a claim.
How to Prove a Dram Shop Claim
Dram shop cases can be complex. You must connect the unlawful service to your injury.
What you generally must show:
- The business or host served alcohol to a minor or a visibly intoxicated person
- That service was against the law
- The intoxication was a cause of the crash that hurt you
Helpful evidence includes:
- Bar receipts and tabs showing how much was served
- Surveillance or cell phone video
- Witness accounts of the person’s behavior
- The at-fault driver’s blood alcohol level
In Alabama, you generally have two years from the date of injury to file, under Ala. Code § 6-2-38. Evidence like receipts and video can disappear fast. These claims often go hand in hand with a car accident case, and acting quickly helps protect both.
Frequently Asked Questions About Dram Shop Laws
What is a dram shop law?
A dram shop law lets a person injured by a drunk individual hold the alcohol-serving business responsible. These laws often apply when a bar, restaurant, or store serves alcohol to a minor. They also apply when it serves alcohol to a visibly intoxicated person. If that person then causes harm, these laws may apply.
Can you sue a bar for a drunk driver’s crash in Alabama?
Yes, in certain situations, as outlined under Alabama Code § 6-5-71. You could sue a bar if it unlawfully served alcohol to a minor or to a visibly intoxicated person, who then hurt you. You generally cannot sue a bar simply for selling someone a legal drink. Proving the service was unlawful and caused the crash is the key challenge.
What is Alabama’s dram shop law?
Alabama’s dram shop law lets injured people sue a business. They can sue if the business unlawfully served alcohol to an intoxicated person. Liability applies when a seller serves a minor or a visibly intoxicated person “contrary to law.” The law allows both compensatory damages and punitive damages against the business.
Are social hosts liable for drunk guests in Alabama?
It depends. In Alabama, a social host is generally not liable for serving alcohol to a visibly intoxicated adult. However, a social host may be liable for giving alcohol to a minor under 21. The minor may then cause injury, and serving a minor is illegal.
What do you have to prove in a dram shop case?
To win a dram shop case in Alabama, you generally must prove that the business or host served alcohol to a minor or a visibly intoxicated person. Then, you must prove that the service was unlawful, and that the intoxication caused the crash that injured you. Evidence such as receipts, video, witness statements, and blood alcohol results can help establish these points.
How long do I have to file a dram shop claim in Alabama?
In Alabama, you generally have two years from the date of injury to file a dram shop claim, under Alabama Code § 6-2-38. This is the same deadline that applies to most personal injury cases. It’s important to act as soon as possible. Otherwise, key evidence like bar receipts and surveillance video could be lost quickly.
Trust Alexander Shunnarah Trial Attorneys Today
When a bar puts profits over safety, the people it overserves can leave a trail of harm. With drunk driving killing dozens of people every day, holding negligent businesses accountable matters. Our firm knows Alabama’s dram shop law and how to prove these difficult claims. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys on 2026-08-06.
