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Harm Caused By Intoxicated Persons
These cases often involve liquor establishments, and fall under Vermont’s dram shop law. A child or adult who is injured in person, property or means of support by an intoxicated person may bring a claim or cause of action against any liquor establishment that wrongfully caused in whole or part the person’s intoxication. Wrongfully caused intoxication occurs when the servers knew or should have known that its patron was or would become intoxicated and continued to furnish the patron with intoxicating liquor. Wrongfully caused intoxication also occurs when the servers furnish intoxicating liquor to a minor, and when the servers furnish intoxicating liquor to anyone after hours. Moreover, a social host may be found liable where the social host served a minor, and otherwise the social host may be found liable pursuant to common law principles of negligence. Jim has successfully completed cases against liquor establishments where the burden was to show that the servers of the liquor establishment should have known that the patron was or would become intoxicated and continued to furnish the patron with intoxicating liquor.