Rhode Island Dram Shop and Social Host Liability for Alcohol-Related Accidents

Is a bar that serves a drunk customer liable for injuries that customer later causes? What about a party host who provides liquor to an intoxicated guest? We’ll explain the basics of Rhode Island’s liquor liability law.

By , Attorney · University of San Francisco School of Law
Reviewed by Dan Ray, Attorney · University of Missouri–Kansas City School of Law

Alcohol-related accidents—especially those involving drunk drivers—are all too common. If you're a Rhode Islander who's been hurt by someone who overindulged, you can bring a claim or a lawsuit against that person. But what about the liquor retailer or party host who served the drinks? Are they also liable under Rhode Island law?

In some circumstances, the answer is yes. After a quick introduction to liquor liability laws in general, we'll walk you through the basics of Rhode Island law.

Liquor Liability Laws Generally

Liquor liability laws in their current form began to appear after the repeal of Prohibition in 1933. Generally speaking, these statutes—enacted in a significant majority of states—impose civil liability for money damages on those who sell or serve alcohol to people who then cause harm.

Liquor liability laws fall into two categories:

  • dram shop laws, and
  • social host liability laws.

Dram shop laws. Long ago, pubs and taverns often were referred to as "dram shops" because they sold liquor by a measure called a "dram." Today, dram shop laws typically impose liability on "liquor licensees"—bars, restaurants, and other retailers that sell or serve alcohol—when their customers then cause harm to others. In most states, dram shop liability is limited to situations where a licensee sells to or serves an underage or visibly intoxicated customer.

Social host liability laws. A social host is someone other than a liquor licensee who hosts a party or similar social gathering. When a drunk guest injures others, a social host liability law might make the host liable to the injured victim. Most social host liability laws are quite narrow, imposing legal responsibility on hosts who serve underage guests or who allow underage guests to drink on the host's property.

Rhode Island Dram Shop Law

You'll find Rhode Island's dram shop laws at Title 3, Chapter 14 of the Rhode Island statutes. Under Rhode Island dram shop law, liquor licensees (as defined in R.I. Gen. Laws § 3-14-3(d) (2023), and see R.I. Gen. Laws § 3-14-5 (2023)) can be held liable for:

The Difference Between Negligence and Recklessness

Negligence is simply the failure to act as a reasonably careful person would act under similar circumstances. Under Rhode Island's dram shop law, a licensee is negligent when the licensee furnishes alcohol to a person the licensee knows or in the exercise of reasonable care should know is underage or visibly intoxicated. (See R.I. Gen. Laws § 3-14-6(c) (2023).)

Serving liquor to an underage drinker without asking for proof of age creates a rebuttable presumption that the licensee was negligent. (See R.I. Gen. Laws § 3-14-6(e) (2023).)

By contrast, recklessness means:

  • intentionally serving a person who's underage or visibly intoxicated, while
  • "consciously" disregarding an "obvious and substantial risk" of harm to the customer or others.

(R.I. Gen. Laws § 3-14-7(c)(1) (2023).) In other words, recklessness isn't just a failure to exercise reasonable care. It's a "gross deviation" from the care a reasonable person would use under the circumstances. (R.I. Gen. Laws § 3-14-7(c)(2) (2023).)

These acts, among others, are evidence of recklessness:

  • actively encouraging someone who's drunk to drink lots of alcohol
  • serving an underage drinker when the licensee knows or should know that the person is younger than 21, and
  • serving a person so much liquor so quickly that there's a "substantial risk" of they'll die of alcohol poisoning.

(R.I. Gen. Laws § 3-14-7(d) (2023).)

Evidence of Responsible Serving Practices

Of course, a licensee can present evidence that it wasn't negligent or reckless. R.I. Gen. Laws § 3-14-12(a) (2023) offers a couple of examples. Evidence of responsible serving practices includes proof that the licensee and its employees:

  • attended a server education course, and
  • implemented "reasonable" policies and procedures.

Rhode Island Social Host Liability

With two exceptions, Rhode Island doesn't impose liability on social hosts for furnishing alcoholic beverages to others. (See Willis v. Omar, 954 A.2d 126, 130 (R.I. 2008).)

First, Rhode Island law makes it a misdemeanor for an adult to:

  • furnish alcohol to an underage drinker (other than the adult's own child), or
  • allow underage drinkers (again, other than the adult's own child) to drink on the adult's property.

(R.I. Gen. Laws § 3-8-11.1 (2023).)

The second exception imposes civil damages liability when there's a "special relationship" between the party host and guest. The Rhode Island Supreme Court has ruled that a special relationship exists only when the host:

  • supplies alcohol to an underage guest, or
  • allows underage guests to drink on the host's property.

(See Willis, 954 A.2d at 130; Martin v. Marciano, 871 A.2d 911, 915 (R.I. 2005).)

Damages in Rhode Island Liquor Liability Cases

If you win a Rhode Island dram shop or social host liability case, you can collect compensation (what the law calls "damages") for your injuries and losses. In most cases, the law allows you to be awarded compensatory damages. As the name suggests, these damages are meant to compensate you for the harm you've suffered.

Typical compensatory damages include:

  • doctor, hospital, and other medical bills
  • other out-of-pocket expenses, like pharmacy charges and the cost of medical equipment such as crutches or a wheelchair
  • lost wages and employment benefits
  • amounts you must pay for replacement household or child care services
  • pain and suffering
  • emotional distress, and
  • loss of enjoyment of life.

Punitive damages—intended not to compensate an injured victim but to punish a wrongdoer—aren't available in dram shop cases based on negligence. But they can be awarded when dram shop liability is predicated on reckless behavior. (R.I. Gen. Laws § 3-14-8(b) (2023).)

Filing Deadline for Rhode Island Liquor Liability Cases

Like all states, Rhode Island has enacted deadlines, called "statutes of limitations," for filing a liquor liability case in court. For dram shop claims, the deadline can be found in R.I. Gen. Laws § 3-14-11 (2023). You have three years, usually from the date you're injured, to file a lawsuit.

The deadline for a social host liability case is also three years, though a different statute of limitations applies. (R.I. Gen. Laws § 9-1-14(b) (2023).)

What happens if you miss the deadline and try to file a lawsuit after the limitation period has expired? Absent an exception to the deadline, the court will have to dismiss your case. You'll be barred from collecting damages for your injuries.

Get Help With Your Rhode Island Liquor Liability Case

Rhode Island liquor liability claims can be quite challenging. In dram shop cases, you need to understand the state's dram shop statutes. In addition, you must understand how Rhode Island courts have interpreted and applied those statutes in past cases like yours. In social host liability cases, absent a clear special relationship, your case won't even get off the ground.

Your best chance for success will come from having experienced legal counsel on your side. You can bet that the other side will be represented. To make it a fair fight, you should be, too. If you're ready to move forward with your case, here's how to find a lawyer who's right for you.

Make the Most of Your Claim
Get the compensation you deserve.
We've helped 285 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please enter a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Please enter a valid Case Description
Description is required

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you