Mississippi Dram Shop Laws and Social Host Liability for Alcohol-Related Accidents

You've been injured in Mississippi by someone who was drunk. You're thinking about an insurance claim or a lawsuit, but you don't know much about Mississippi law. Can I sue the bar or restaurant for serving the drunk person who hurt me? How much time do I have to file my case in court? If I win, what compensation ("damages," in the language of the law) am I allowed to collect?

We'll answer those questions and more. But before we turn to the specifics of Mississippi law, let's have a look at liquor liability laws generally, and how they work.

Liquor Liability Laws Generally

Under the common law—the system of judge-made legal rules inherited by the states during the founding era—the general rule for liquor liability was simple: There was none. A seller or supplier of liquor wasn't liable (legally responsible) to pay damages to a person who was injured by a drunk customer or guest. Why not? Responsibility for alcohol-related injuries, the logic went, belongs to those who drink alcohol, not those who sell or provide it.

It takes little thought to spot this rule's logical shortcomings, or to see how it might produce unfair outcomes. As between an innocent accident victim and a tavern that overserved a drunk customer, who should bear the consequences of that customer's wrongdoing? The question answers itself.

For that reason, among others, state courts carved out exceptions to the general no-liability rule. Among the most common, liquor sellers and servers can be held responsible for serving a "clearly" or "obviously" drunk person, or for providing alcohol to underage drinkers.

As alcohol use fell into disfavor during the years leading up to and including Prohibition, state legislators got involved. Today, most states have statutes that create liquor liability in limited circumstances, often mirroring the common law rules just described. These statutes fall into two categories:

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

Dram Shop Laws

Long ago, bars and taverns often were called "dram shops" because they sold liquor by a measure called a "dram." Today, dram shop laws impose liability on liquor licensees—people and businesses licensed by the state to sell beer, wine, and liquor to the public—for injuries caused by their drunk customers.

But these laws tend to be narrow in scope. Liability doesn't apply across the board for sales to all customers. Instead, consistent with the common law exceptions discussed above, licensees typically are responsible only for selling or serving alcohol to:

• obviously intoxicated customers, or
• underage drinkers.

Social Host Liability Laws

A "social host" is someone who hosts a party or other social gathering. When the booze flows, some guests overindulge. Social host liability laws make the host liable for damages when a drunk guest causes injuries.

As with dram shop laws, social host liability laws have limited reach. In most states, a host isn't on the hook for providing liquor to guests who are of legal drinking age. The typical law creates liability for providing alcoholic beverages to underage drinkers, or for letting underage drinkers drink on the host's property.

Mississippi Dram Shop Law

Mississippi mostly follows the pattern for dram shop laws described above.

The General Rule: No Liability for Most Lawful Sales

Located at Miss. Code § 67-3-73 (2024), Mississippi's dram shop law begins by finding that alcohol-related injuries and deaths are caused by drinking alcohol, not by selling or serving it. (Miss. Code § 67-3-73(1) (2024).) A licensee isn't liable for damages resulting from injuries or death off the licensee's premises caused by an intoxicated customer, as long as:

• the licensee legally sold or served alcoholic beverages, and
• the customer legally bought those beverages.

(Miss. Code § 67-3-73(2) (2024).)

Four Exceptions to the No-Liability Rule

There are four exceptions to the no-liability rule. First, a licensee can be held responsible for injuries or deaths that happen on the licensee's premises. Mississippi, like many other states, envisions its dram shop law primarily as an anti-drunk-driving measure. Injuries that happen on the licensee's premises are treated as an ordinary premises liability claim—a claim for injuries caused by a dangerous condition (a very drunk person) on the property.

Second, the no-liability rule only applies to lawful sales and purchases. Sales to underage customers aren't lawful and can create liability.

Third, the no-liability rule doesn't apply when one person causes another to become drunk by forcing them to drink, or by falsely representing that the beverages aren't alcoholic. This exception might give rise to liability, for instance, when fraternity pledges are forced to drink toxic amounts of liquor as part of a hazing exercise.

Fourth and finally, when a customer is "visibly intoxicated" at the time of purchase, the seller can be liable. (Miss. Code § 67-3-73(4) (2024).)

Example: Mississippi Dram Shop Law

Dale stopped by Belle's Bar to continue a drinking binge that started earlier in the afternoon on the golf course. When Dale entered Belle's, he was already slurring his words, off-balance, and smelled strongly of alcohol. Nevertheless, the bartender served Dale several drinks.

After a few rounds, Dale got up and stumbled toward the steps leading to the basement, where the restrooms were located. As he tried to go down the stairs, Dale tripped and collided with Phil, who was coming up the stairs. Phil fell to the bottom of the stairs, breaking his left leg and ankle.

Under an exception to Mississippi's no-liability rule, Phil can sue Belle's Bar for damages. The bar served Dale alcohol even though Dale was visibly intoxicated. As a result, Dale injured Phil on Belle's premises. Of course, Phil also can go after Dale for negligently causing the accident.

Example: Off-Premises Injuries or Death

Assume the same facts involving Dale, except that after several more drinks at Belle's, Dale left, got in his car, and tried to drive home. On the way, Dale passed out, crossed the center line, and collided with an oncoming car. Both the driver and the passenger of the car were instantly killed.

Because the drunk driving deaths happened off the premises of Belle's Bar, Belle's isn't legally responsible under Mississippi's dram shop law. The surviving relatives of those killed will have to look to Dale (and, if he was insured, his auto insurance) to collect wrongful death damages.

Mississippi Social Host Liability

Mississippi's social host liability law is found at Miss. Code § 67-3-73(3) (2024).

A Broader No-Liability Rule

Unlike Mississippi retail licensees, a social host can't be held liable for providing alcohol to a guest of legal drinking age who later causes an accident off the host's premises—even if the guest was visibly intoxicated when served.

Two Exceptions to No-Liability

A social host can be on the hook for damages in two situations. First, a host who provides alcohol to an underage drinker is liable for injuries or deaths they cause on or off the host's property, even if they weren't visibly intoxicated when provided the alcohol.

Second, Mississippi's social host liability law, like the dram shop law, is intended mainly as an anti-drunk-driving provision. A host can be held responsible for injuries or deaths on the host's premises, whether caused by a person who's of legal drinking age or by an underage drinker.

Example: Mississippi Social Host Liability

Myra, 19 years old, went to a party hosted by her neighbor, Harvey. At the party, Harvey served Myra several drinks. Later, Myra left the party in her car. A few blocks away, she collided with Patty, a pedestrian in a crosswalk. Patty was badly injured.

Patty can seek damages from Myra for causing the accident. She also has a social host liability claim against Harvey for providing alcohol to underage Myra at the party. What would be the result had Myra been 23 years old? Patty wouldn't have a social host liability case against Harvey because Myra was of legal drinking age.

Damages in Mississippi Dram Shop and Social Host Liability Cases

If you succeed with a Mississippi dram shop or social host liability claim, you'll collect what the law calls "compensatory damages." As the name suggests, these damages are meant to compensate you for injuries and losses you suffer because of an alcohol-related accident. Compensatory damages fall into two categories: Economic damages and noneconomic damages.

Economic Damages

Sometimes also called "special" damages, economic damages reimburse you for losses that come out of your pocket. Common examples include lost wages or income, medical bills, amounts you pay for replacement household services like housecleaning or lawn care, and the costs of medical equipment.

Noneconomic Damages

Noneconomic damages, also known as "general" damages, compensate you for injuries that don't cost you directly out of your pocket. Disability, disfigurement, emotional distress, and pain and suffering are typical examples. Mississippi limits, or "caps," noneconomic damages at $1,000,000. (Miss. Code § 11-1-60(2)(b) (2024).) If a jury awards you more than that in noneconomic damages, the court will reduce your award to $1,000,000.

How Long Do I Have to File a Lawsuit?

A "statute of limitations" is a law that limits your time to file a lawsuit in court. Dram shop and social host liability cases fall under the same filing-deadline rules as other personal injury lawsuits. Most often, you have three years from the date you were injured to file your case in court. (Miss. Code § 15-1-49(1) (2024).) In rare cases, Mississippi's "discovery rule" might allow you more time, but don't count on it. (See (Miss. Code § 15-1-49(2) (2024).)

What happens if you miss the filing deadline? Your claim is probably dead. Nothing you do will bring it back to life. Try to file a lawsuit and the court will dismiss it for being too late. The other side won't negotiate a settlement with you because in the eyes of the law, you no longer have a claim to settle.

Should you find yourself in this predicament, contact a Mississippi attorney right away to see if you have any late-filing options.

Get Help With Your Dram Shop or Social Host Liability Case

At first glance, you might think that a dram shop or social host liability case must be an easy win. A bar overserves a visibly drunk customer, who then drives off and kills someone. How could a case be simpler?

Not so fast. Liquor liability claims often are loaded with tricky factual and legal issues—issues you aren't familiar with or prepared to handle. You can bet that the bar's insurance defense lawyer understands those issues. Without experienced legal counsel on your side, you won't be able to put up a fair fight.

When the time comes to move forward with your case, here's how you can find an attorney who's right for you.