Delaware Legislature Preparing To Revisit Dram Shop Liability

Here we go again. Representative Peterson is preparing to introduce limited dram shop liability for consideration. The legislation caps the liability at $250,000 but, as is usually the case, this creates a starting point where limits are eventually increased once it's decided by the powers that be that the current limit is too low. This also puts restaurants, bars, etc, at an increased risk due to the vague wording of the legislation, specifically "reckless" sale of alcohol by the business. Also, you can be sure that if this legislation is passed, that rates will go up commensurately for not only Liquor Liability coverage, but if actual damages begin to be paid out under this law, that insurance rates on the whole will see an increase.

Comments

  1. Anonymous6:40 AM

    Delaware Supreme court has mandated the Delaware General Assembly.....TO CREATE THE DRAM SHOP LEGISLATION SO JUDICIAL CAN ENFORCE....

    Victims and Families are forgotten in this process of keeping costs down for businesses. Deaths and Very Serious Permanent Injuries due
    to overserving alcohol without concern that the drinker will get in their cars and DRIVE DRUNK ON DELAWARE ROADS.

    Value of Life is not a concern here
    until the THE CRASH affects you or your Family do you See The Light.
    Meanwhile more DEATHS AND INJURIES plague the Delaware Roads due to the obstinance of Business and Insurance Lobby.

    Rep. Rodger Roy fought for 26 years
    to get Sunday Liquor Sales. Dram Shop Legislation will come but at what senseless costs to future Families and Victims.

    Arnie Samson
    Samson v Smith 1989 De Supr Ct.

    ReplyDelete
  2. Anonymous7:45 AM

    Dramshop Legislation.......
    Freedom of Information.....

    Now that The Rule of Jim Vaughn and desk drawer Bills
    is over......Senator Bruce Ennis Brings A Ray of Light......
    To Vicitms and Families of DUI.
    We all know that Senator Karen Peterson has been
    Fighting The Good Fight for DRAMSHOP LEGISLATION.

    Shaun's Law representing THE VIOLENT DEATHS
    AND VIOLENT INJURIES PERMANENT TO VICTIMS
    AND THEIR FAMILIES. Delaware Supreme Court the
    highest Court in the State has been mandating the
    GENERAL ASSEMBLY------

    To Create DUI Legislation......
    re: DRAMSHOP LEGISLATION......for many many years.
    DE SUPR. CT MANDATED THE GENERAL ASSEMBLY
    TO CREATE THE LEGISLATION AND THEN THE JUDICIAL
    CAN ENFORCE THE LAW........

    (SAMSON v SMITH----De Supr. Ct. 1989).....Arnie Samson
    Very Seriously and Permanent Injuries is one of many cases
    heard by The Supreme Court......Trooper Chris Shea (KIA) while
    on duty....... by Phil Healy also Killed and Protected by the non-Dram
    Shop Legislation due to his Family's Tavern Businesses and
    Popular Healy Construction Family for years in Delaware was
    also left hanging due to GENERAL ASSEMBLY'S reluctence to
    respect the people of Delaware and follow the Resturant and
    Tavern Businesses......by honoring the SUPREME COURT'S
    MANDATE TO CREATE THE LEGISLATION AND THEN THE
    JUDICIAL CAN ENFORCE THE DUI/DWI LAW for over 25 years
    of cases heard by the Highest Court in Delaware.
    Many and Many Injuries to living victims w/ permanent injuries
    this is for life type of living w/ daily injuries.

    How many more senseless Killings/Deaths and Very Serious Permanent
    Injuries Must Delawareans Tolerate due to THE GENERAL ASSEMBLY'S
    Indifference To The People Who Elect/Vote for them.....this tells me
    The Lobby Interest's are more Important to General Assembly
    than The Taxpayers of Delaware. 50 States in America and
    8 don't have DramShop Legislation.....Delaware being one of
    The Eight...........Because 14 people were injured in DUI crashes from Dec. 10-17, 14 green light bulbs will be added to the DUI victims tree in the lobbies of the state's Division of Motor Vehicles locations. Cops keep up DUI checkpoints
    The News Journal
    Posted Tuesday, December 18, 2007
    Police across the state are continuing efforts to combat drunken driving during the holidays. Twenty-seven people have been injured in alcohol-related crashes during the holiday season, and two people have died. The next three sobriety checkpoints are scheduled for Dec. 21 in Milford, Newark and Wilmington or Newport. Police will also conduct 60 DUI patrols during the week and host a mocktail party for the staff of the Alfred I. duPont Hospital for Children on Dec. 18. Nonalcoholic punch will be served and safety information will be distributed. Because 14 people were injured in DUI crashes from Dec. 10-17, 14 green light bulbs will be added to the DUI victims tree in the lobbies of the state's Division of Motor Vehicles locations. The two people killed in crashes and 27 people injured in 2007 is a decrease from six killed and 65 injured in 2006 during the Safe Family Holiday campaign.

    Arnie Samson
    Samson v Smith(DE Supr CT 1989)

    ReplyDelete
  3. Anonymous1:47 AM

    Wrong on your part Arnie Samson. Just because people have the same last name, DOES NOT mean it is their "family." Healy construction is not owned by an immediate member of Mr. Healy. A cousin maybe... If your cousin was Bill Gates, do you own Microsoft? NO!!! Phil Healy had no ownership or part in any tavern business or anything to that nature. Your sources on that??? Better check the again!!!

    ReplyDelete

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