Section 60 Dramshop Law

• Library: Damages 2012

A person licensed to sell intoxicating liquor can be liable for personal injury or death that is the proximate result of the sale of liquor to a person under 21 years of age or to an obviously intoxicated person. Section 537.053.1, RSMo Supp. 2011. A provision of § 537.053.3, RSMo 1994—that the person selling liquor was not liable under the section unless that person had been convicted for making the sale—was declared to be unconstitutional in Kilmer v. Mun, 17 S.W.3d 545 (Mo. banc 2000).

Social hosts are not subject to liability under § 537.053. See:

Andres v. Alpha Kappa Lambda Fraternity, 730 S.W.2d 547 (Mo. banc 1987) (fraternity not liable for death of underage member who suffered alcohol poisoning at party in fraternity house)

McClure v. McIntosh, 770 S.W.2d 406 (Mo. App. E.D. 1989) (employer providing free drinks for employees not liable for death caused by intoxicated employee)

Childress v. Sams, 736 S.W.2d 48 (Mo. banc 1987)

Finally, § 537.053 applies...