Alabama Dram Shop Act

Last reviewed September 2026

Alabama’s Dram Shop Act reaches any person who causes intoxication by selling, giving, or otherwise disposing of alcohol contrary to law, which in practice means service to a visibly intoxicated person or a minor in violation of Alabama’s alcohol regulations. Preston has testified in four Alabama matters, including at trial.

Ala. Code §§ 6-5-71 and 6-5-70

Section 6-5-71(a) gives every wife, child, parent, or other person injured in person, property, or means of support by any intoxicated person, or in consequence of the intoxication of any person, a right of action against any person who, by selling, giving, or otherwise disposing of alcohol to another contrary to the provisions of law, caused the intoxication of that person. Section 6-5-70 separately gives a parent or guardian a right of action against any person who knowingly sells or furnishes alcohol to a minor, without the “contrary to law” element.

Standard for liability

The “contrary to the provisions of law” element is usually satisfied by a violation of Alabama’s alcohol statutes or the Alcoholic Beverage Control Board’s regulations, which prohibit licensees from serving persons who are visibly intoxicated and from serving minors. The plaintiff must then show that the unlawful service caused the intoxication that produced the injury. The Alabama Supreme Court has held the Dram Shop Act to be the exclusive civil remedy against a vendor for injuries caused by an intoxicated patron, so the elements of the Act, rather than common-law negligence, govern.

Social hosts

Alabama courts have generally held that the Dram Shop Act does not reach social hosts who furnish alcohol to adult guests, because a private host’s furnishing is not “contrary to the provisions of law” in the way a licensee’s sale to an intoxicated person is. Section 6-5-70, however, applies to “any person” who knowingly furnishes alcohol to a minor, and social hosts have been held liable under it. Counsel should confirm the current decisions.

Minors

Furnishing alcohol to a person under 21 is unlawful in Alabama, and a knowing furnishing supports a § 6-5-70 claim by the minor’s parent or guardian as well as a § 6-5-71 claim by an injured third party. Identification procedures, door practices, and staff training on age verification are the operational evidence.

Training, responsible-vendor, and safe-harbor provisions

Alabama has no statutory civil safe harbor for trained servers. The ABC Board administers a voluntary Responsible Vendor Program; licensees that participate and comply may receive mitigation of administrative penalties. A venue’s participation, training records, and written policies are evidence of how it was operated and of what its staff were taught to notice. Preston holds Alabama TAM certification and has consulted to operators in Montgomery, Birmingham, and Auburn.

Operational evidence commonly examined in Alabama cases

• Video of the patron’s condition at each point of service
• POS and tab records for the patron and the group
• Staffing schedules and manager coverage
• Responsible Vendor Program participation, training records, and written policies
• Identification procedures and door records for underage claims
• Incident reports and ABC Board administrative history
• Deposition testimony of staff, patrons, and witnesses

The expert’s role

In Alabama the expert reconstructs service and explains what a trained server could observe about the patron’s intoxication, whether continued service violated the venue’s own policy and the ABC Board’s rules, and whether the venue’s staffing and supervision made responsible service possible. Preston has testified in four Alabama matters, three for plaintiffs and one for the defense, including trial testimony in Jefferson County.

Primary sources

• Ala. Code § 6-5-71 (Dram Shop Act), unofficial copy at law.justia.com; the official code is published by the Alabama Legislature at alison.legislature.state.al.us
• Ala. Code § 6-5-70 (Furnishing alcohol to minors), unofficial copy at law.justia.com
• Alabama Alcoholic Beverage Control Board, regulations and Responsible Vendor Program, alabc.gov

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