Toxicology of Alcohol: the Role of Toxicologists in Social Host & Liquor Liability

• Publication year: 2021
• Author: Clara Chan, MSc, DABT, Bruce Kelman, PhD, DABT, ATS, ERT, Nadia Moore, PhD, DABT, CIH, ERT, and Allison Stock, PhD, MPH, MS

Toxicology of Alcohol: The Role of Toxicologists in Social Host & Liquor Liability

Clara Chan, MSc, DABT, Bruce Kelman, PhD, DABT, ATS, ERT, Nadia Moore, PhD, DABT, CIH, ERT, and Allison Stock, PhD, MPH, MS

Clara Chan is a Project Manager and Senior Toxicologist at J.S. Held LLC. She provides technical support for clients across various industries and serves as a consultant for projects in areas of toxicology, risk assessment, personal injury litigation, consumer product safety, and indoor air quality/mold assessment, supervising client-sponsored laboratory testing of consumer products in North America and in Hong Kong. Clara can be reached at cchan@jsheld.com.

Dr. Bruce Kelman is Senior Vice President and Principal Toxicologist at J.S. Held LLC. He has served as an expert in investigations across North America, South Korea, and the United Kingdom; has evaluated numerous claims of personal injury and health impacts from many chemicals and drugs; and has presented a variety of health risk concepts to policy makers, government regulators, citizen groups, and individuals. Bruce can be reached at bkelman@jsheld.com.

Dr. Nadia Moore is Vice President and Principal Toxicologist at J.S. Held LLC. She has more than 25 years of experience in toxicology, exposure science, regulatory compliance, molecular biology, and analytical chemistry. She supports clients in various industries by performing risk-based exposure and toxicology assessments for potential contaminants in workplaces, residential scenarios, and consumer products. Nadia can be reached at nmoore@jsheld.com.

Dr. Allison Stock is Vice President, Environmental Health and Safety at J.S. Held LLC. She is an internationally known toxicologist with 25 years of toxicological, epidemiological, regulatory, and environmental experience. Her background is supported by work in the federal and state government as well as private industry, specializing in human health risk assessments using toxicological and epidemiological data. Allison can be reached at astock@jsheld.com.

Introduction

Commercial establishments where alcoholic beverages are served (e.g., bars, restaurants) and social hosts who serve alcohol in non-commercial settings may find themselves potentially liable for damage, injury, and/or death caused by alcohol-related accidents involving individuals they have served. Critical issues addressed by toxicologists often involve interpretation and/or estimation of blood alcohol concentration (BAC) levels, associated clinical effects, and degrees of intoxication.

This white paper outlines how toxicologists help resolve questions regarding liability in the alleged over-service of patrons or guests that has led to damage, injury, and/or death.

Clinical Effects of Alcohol

Alcohol consumption affects mental, cognitive, and other physical functions in a dose-related manner (e.g., more consumption is associated with greater effects). Toxicologists combine BACs with observed behavior to determine associated levels of impairment/intoxication.

It is generally accepted by toxicologists that the degree of physical and mental impairment from alcohol correlates with BAC. In general, higher BACs produce increased impairment and greater degrees of intoxication. For example, the typical effects of a 0.02% (or 0.02...