Louisiana’s Anti-dram Shop Law Immunizes Homeowners from Liability for Off-premises Injuries to Neighbors
By Paul V. Esposito
The Louisiana Court of Appeals has affirmed the dismissal of a complaint against homeowners serving alcohol to a woman whose vehicle struck two neighbors during Halloween trick-or-treating. Holliday v. Est. of Beaubouef, 2023 La. App. LEXIS 633 (4/18/23). The “anti-dram shop” law states that the consumption of intoxicating beverages, not their sale or furnishing, is “the proximate cause” of injuries to intoxicated persons or others. Social hosts serving alcoholic beverages to persons old enough to legally buy them are not liable for off-premises injuries, deaths, or property damage caused by the intoxicated persons. The exceptions for furnishing liquor to minors, forcibly serving liquor, or falsely representing the lack of alcoholic content were inapplicable.