Dram Shop Liability: Legal Nuances, Evidentiary Tools, and Evolving Technology

Justin B. Jones
Justin B. Jones | Fee, Smith & Sharp LLP

Mr. Jones focuses his practice in civil litigation, with a particular emphasis on bad faith and insurance litigation, commercial litigation, construction liability and defect litigation, products defect litigation, premises liability, and personal injury litigation. Justin has a wide range of experience in working with small businesses and entrepreneurs in addressing a variety of topics such as entity formation issues with limited liability companies.

Live Video-Broadcast: May 23, 2025

1 hour CLE

Tuition: $395.00
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Program Summary

Dram shop statutes determine civil liability in personal injury cases involving alcohol. These laws vary by state but commonly address whether an establishment can be held responsible for overserving a patron who later causes harm. Key legal questions include the rights of intoxicated individuals to sue, different legal standards for intoxication, and the applicability of comparative negligence. Additional considerations include toxicology, tolerance levels, and the role of new technology in gathering relevant evidence.

Key topics to be discussed:

  • Can the intoxicated patron sue?
  • Visible intoxication vs. obvious intoxication vs. "noticeably intoxicated"
  • Comparative Negligence - does it apply?
  • Toxicology and tolerance issues
  • How new technology can help you gather potentially relevant evidence

Date / Time: May 23, 2025

  • 1:00 pm – 2:00 pm Eastern
  • 12:00 pm – 1:00 pm Central
  • 11:00 am – 12:00 pm Mountain
  • 10:00 am – 11:00 am Pacific

Closed-captioning available

Speakers

Speaker_Justin B. Jones_myLawCLEJustin B. Jones | Fee, Smith & Sharp LLP

Mr. Jones focuses his practice in civil litigation, with a particular emphasis on bad faith and insurance litigation, commercial litigation, construction liability and defect litigation, products defect litigation, premises liability, and personal injury litigation. He attended Texas Tech University where he double majored and received a B.B.A. in Marketing and B.B.A. in Management in 2008. In 2012, Justin earned his J.D. from Tulane University Law School where he was a Member of the Sports Lawyers Journal and received a Certificate of Concentration in Sports Law. His experience includes representation of individuals, small businesses, and Fortune 100 companies from pre-litigation through trial. He has represented clients in both state and federal court and has counseled clients in varying capacities in over thirty (30) Texas counties. Mr. Jones also has extensive experience in multidistrict litigation and was the lead associate at hearings in front of the three judge pretrial panel for the largest MDL in Texas legal history.

In addition, Justin has a wide range of experience in working with small businesses and entrepreneurs in addressing a variety of topics such as entity formation issues with limited liability companies and 501(c)(3) organizations, contract drafting and analysis, and identifying potential litigation exposure in business agreements. He has helped digital artists protect their work, guided small businesses through Federal trademark registration, and advised musicians and filmmakers on recording and release agreements.

Agenda

I. Can the intoxicated patron sue? | 1:00pm – 1:15pm

II. Visible intoxication vs. obvious intoxication vs. “noticeably intoxicated” | 1:15pm – 1:30pm

III. Comparative Negligence – does it apply? | 1:30pm – 1:40pm

IV. Toxicology and tolerance issues | 1:40pm – 1:50pm

V. How new technology can help you gather potentially relevant evidence | 1:50pm – 2:00pm

Credits

Alaska

Approved for CLE Credits
1 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
1 General

Arkansas

Approved for CLE Credits
1 General

Arizona

Approved for CLE Credits
1 General

California

Approved for CLE Credits
1 General

Colorado

Pending CLE Approval
1 General

Connecticut

Approved for CLE Credits
1 General

District of Columbia

No MCLE Required
1 CLE Hour(s)

Delaware

Pending CLE Approval
1 General

Florida

Approved via Attorney Submission
1 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
1 General

Hawaii

Approved for CLE Credits
1.2 General

Iowa

Pending CLE Approval
1 General

Idaho

Pending CLE Approval
1 General

Illinois

Approved for CLE Credits
1 General

Indiana

Approved for CLE Credits
1 General

Kansas

Pending CLE Approval
1 Substantive

Kentucky

Pending CLE Approval
1 General

Louisiana

Pending CLE Approval
1 General

Massachusetts

No MCLE Required
1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s)

Maine

Pending CLE Approval
1 General

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Approved for CLE Credits
1 General

Missouri

Approved for CLE Credits
1.2 General

Mississippi

Pending CLE Approval
1 General

Montana

Pending CLE Approval
1 General

North Carolina

Pending CLE Approval
1 General

North Dakota

Approved for CLE Credits
1 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1 General

Nevada

Approved for CLE Credits
1 General

New York

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for CLE Credits
1 General

Oklahoma

Pending CLE Approval
1 General

Oregon

Pending CLE Approval
1 General

Pennsylvania

Approved for CLE Credits
1 General

Rhode Island

Pending CLE Approval
1 General

South Carolina

Pending CLE Approval
1 General

South Dakota

No MCLE Required
1 CLE Hour(s)

Tennessee

Approved for CLE Credits
1 General

Texas

Approved for CLE Credits
1 General

Utah

Pending CLE Approval
1 General

Virginia

Not Eligible
1 General Hours

Vermont

Approved for CLE Credits
1 General

Washington

Approved via Attorney Submission
1 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
1 General

West Virginia

Pending CLE Approval
1.2 General

Wyoming

Pending CLE Approval
1 General

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