Restaurant Liable?

What is the name of your state? Missouri

Just read an article and am interested in what the law says on this subject. Can a business be sued/held liable if a patron comes in and has to much to drink? Just because you were given drink after drink does not mean you have to take them. If someone handed you a gun do you shoot somebody? To me its a choice. I was just curious as to what the law says.
Thanks

Google missouri dram shop.

It is very difficult to make a server of booze liable for someone else's actions.

seniorjudge said:

It is very difficult to make a server of booze liable for someone else's actions.

Click to expand...

Sorry... but NOT TRUE!!
Lots of case law holding bars liable for over-pouring their customers... and then allowing them to drive.
http://liquor.legalview.com/

You asked this in other threads as well, please do it only once.

Not only can restaurants/bars be held liable, so can private hosts in many states.

Actually, in practice seniorjudge is correct. It is generally very difficult to hold restaurant/bar owners liable for overserving patrons.

Some states do not even have dram shop liability, but of those that do the test for liability is generally whether the server "knew or should have known" the intoxicated patron was intoxicated. But realistically--"intoxicated" people get served all the time.

Generally, one should not serve the "obviously intoxicated". Pragmatically, most people in a bar are obviously intoxicated. Different states define "obviously intoxicatd" in different ways.

I know in Texas, you must present a danger to yourself or others before dram shop kicks in. Realistically, the test is very fuzzy and subjective. Unless you've got someone covered in their own puke who can't stand up or talk, you can't say for sure that there will be liability. Even then, was the drunk personally served by the bartender? Or did the bartender think the drink was for someone else?