This loss illustrates the importance of TIPS training for the entire staff when liquor liability is a covered peril. TIPS training is an important deterrent against intoxication, underage drinking and drunk driving.
The plaintiffs left the insured`s establishment after consuming numerous alcoholic drinks and rolled their car into a ditch. The passenger in the car suffered severe injuries including fractured vertebrae and fractured ribs. A dram shop suit was filed, alleging that the insured over-served the plaintiffs and provided service while they were visibly intoxicated. On the night in question, several servers and bartenders recall the passenger plaintiff falling out of his chair and staggering around the establishment as well as the driver plaintiff slurring her words. The driver and passenger also required assistance out of the establishment. The insured did not require their staff to participate in certified training for alcohol service and also had not provided internal training or guidance. Additionally, there was no video surveillance in the establishment to potentially assist the defense.
Products and services are provided by one or more insurance company subsidiaries of W. R. Berkley Corporation. Not all products and services are available in every jurisdiction, and the precise coverage afforded by any insurer is subject to the actual terms and conditions of the policies as issued.
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