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How Can Your Restaurant or Bar Lower Liquor Liability?

Posted by David Ross on Sat, Nov 19, 2022

Buy Liquor Liability and Restaurant Insurance in Philadelphia, Lancaster, Erie, Allentown, Reading, Harrisburg, Pittsburgh and throughout Pennsylvania

It’s that time of year – Christmas parties, New Year’s Eve, the Super Bowl, followed quickly by St. Patrick’s Day. It’s a busy time for restaurants, and it’s also a time when Restaurant Insurance is more crucial than ever! And if you serve alcohol, Liquor Liability Insurance should be part of your insurance portfolio, especially if your business operates in one of the thirty-five states with dram shop liability statutes – such as Pennsylvania, New York, and New Jersey. 

What is the Dram Shop Liability Statue?

“Every day, 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver,” according to the Centers for Disease Control and Prevention (CDC). “This is one death every 50 minutes. The annual cost of alcohol-related crashes totals more than $44 billion.” 

In an attempt to prevent drunk drivers from hitting the roads, many states have increased DUI penalties, raised sales taxes on beer and liquor, and/or tried lowering the legal drinking age. Thirty-five states and the District of Columbia have also instituted dram shop liability laws that allow individuals who are hurt by drunk drivers to sue the bar or restaurant that served the alcohol to the drunk driver. 

Justice Guardians describe Pennsylvania’s dram shop liquor liability as follows: “Under the state’s Liquor Code, any licensed establishment that sells alcohol to a visibly intoxicated patron can be held liable for injuries caused by that patron after they leave the premises.” Those injuries can be caused by fights, falls, car accidents, etc. Justice Guardian also states, “Courts in the state [PA] have almost unanimously considered this liability to be ‘negligence per se.’ That means victims probably won’t have to prove the vendor was negligent in any way other than serving alcohol to a visibly-intoxicated patron.” 

How Can You Lower Liquor Liability?

Prepare for larger crowds

If you expect larger than normal crowds – like on Superbowl Sunday – have extra servers and bartenders working to help track alcohol consumption and consider hiring security to control unruly or intoxicated customers.

Establish a Policy Regarding Liquor Service

Have a written policy that clearly states you have zero tolerance for serving minors and directions on how and when to refuse service. You should also have an incident reporting system in place.

Be Prepared to Refuse Service

Your servers have the right to refuse alcohol to anyone who appears intoxicated. And yes, we realize that the more drinks you sell, the more you make, but is it worth the hassle of a lawsuit or a hit to your restaurant or bar’s reputation?

Card Everyone

If caught serving alcohol to minors, you will lose your liquor license, so ensure that your servers card everyone.

Train Your Staff

Staff should know and understand your liquor service policy, know how to measure alcohol correctly, so they don’t over-serve a customer, and be able to identify the signs of intoxication.

Provide Water

Medical News Today states, “When a person hydrates by drinking plenty of water, it can give their liver time to metabolize the alcohol in their body, as well as spacing out the alcoholic drinks they consume.” Therefore, providing water, even if they don’t ask, can help minimize the risk of intoxication.

Serve Food

Medical News Today also states that eating before drinking can slow the processing of alcohol, and eating while drinking may help customers drink slower. You may consider keeping pretzels or chips out for customers to snack on or offering discounted food specials.

Provide Alternative Transportation

You never want to let an intoxicated person behind the wheel of a car. At the very least, you can display the phone numbers of transportation services available or try to partner with Lyft or Uber to offer discount rides. You may even want to call a taxi for an intoxicated customer. It’s a small price to pay for the safety of your customers and the public (not to mention the cost of a lawsuit).

Purchase Liquor Liability Insurance

Suppose, despite all of your best efforts, you get sued for serving alcohol to someone who has caused damage or injury. In that case, Liquor Liability Insurance is your safety net (and may be required by your state or financial institution if you serve alcohol). Liquor Liability Insurance typically covers legal costs, settlements or judgments, repair costs, and medical bills. 

How to Save on Liquor Liability Insurance

The agents at American Insuring Group specialize in Restaurant Insurance, so they understand your unique challenges and can help protect your business with the right insurance coverage. As independent agents, we compare rates among multiple insurance carriers to ensure you pay the lowest premium for Liquor Liability Insurance and all your commercial insurance needs.

Contact us today at (800) 947-1270 or (610) 775-3848, or connect with us online.

Tags: Restaurant Insurance, Liquor Liability Insurance, Restaurant Liability Insurance

Don’t Leave Your Restaurant at Risk: Discover Insurance Coverage Gaps

Posted by David Ross on Sat, Jan 09, 2021

Discover Your Restaurant Insurance Gaps so Your Business is not at RiskEvery restaurant owner or manager knows that accidentally omitting even one key ingredient from a recipe can have a devastating effect. The same is true with Restaurant Insurance. Leaving one gap in your insurance coverage could have a disastrous effect on your restaurant.

Restaurants often face unique risks that other businesses do not, which may require additional layers of insurance coverage. Therefore, you must look at possible risks to determine if there are any gaps in your insurance. In this case, ignorance is definitely NOT bliss.

How to Discover Gaps

The best way to determine if there are any gaps in your insurance is to work with an insurance agent who specializes in Restaurant Insurance. They understand the unique challenges and risks inherent in the restaurant business. They know the right questions to ask to ensure that you don’t have any coverage gaps.

Here are a few key questions to consider:

  1. What property – building, signs, equipment, etc. – do you need to cover?

  2. What types of liability might you be open to during the course of doing business?

  3. Do you transport anything off the property?

  4. Does Workers Compensation cover you, the owner?

  5. What types of events – fire, theft, spoilage, etc. – does your Commercial Property Insurance cover?

  6. What are the limits and deductibles that apply to each type of situation?

  7. What would happen if you had to close your restaurant for a period of time because of a fire, flood, etc.?

  8. What would happen if one of the suppliers or wholesalers that you depend on could not deliver?

And as your business changes, so should your insurance coverage. For example:

  • Have you invested in a food truck to expand your reach, which could open your restaurant up to additional liability risks?

  • Have you become a farm-to-table restaurant, which means a shorter supply chain that could place more responsibility for your restaurant's quality control measures?

  • Did you start using an outside delivery service, which takes some of the control out of your hands?

Also, having the right insurance policies isn’t always enough. Make sure you understand and are comfortable with the limits and deductibles on each of your policies.

Common Gaps

Most restaurants understand the need for General Liability, Workers’ Compensation, Commercial Property Insurance, and - if they sell liquor – Liquor Liability Insurance, but here are five often-overlooked Restaurant Insurance gaps:

  1. Cyber Insurance – If you accept checks or credit cards as payment, you have personal information that can put your business at risk for a data breach. Your website and social media sites can also make you a target for cyberattacks. Cyber Insurance helps you recover losses associated with a cyberattack.

  2. Equipment Breakdown – Every restaurant has equipment – fryers, stoves, refrigerators, etc. Equipment Breakdown coverage helps cover the cost of repairing or replacing equipment after a covered incident.

  3. Business Interruption – What if you had to close your restaurant for a period of time while repairs are made after a fire? Could you handle the loss of income that would result? Business Interruption Insurance, which helps cover that loss, is often included under your Business Owner’s Policy but make sure you are comfortable with the amount of coverage and duration of that coverage.

  4. Personal and Advertising Injury –Personal and Advertising Injury Insurance protects you from third-party lawsuits claiming non-physical personal injury, such as libel, slander, copyright infringements, etc. It is typically included in Commercial Liability Insurance; however, every restaurant has different needs. Make sure the coverage in your Liability Insurance is adequate.

  5. Reputation Damage Insurance – There are so many ways your restaurant’s reputation can be damaged – a cyber-attack, a food-borne illness, an alcohol-related accident, etc. Reputation Damage Insurance can help cover losses associated with this type of event.

The Right Insurance Agent Can Make a Big Difference!

American Insuring Group specializes in Restaurant Insurance. Our agents are experts in eliminating the gaps in your Restaurant Insurance. Plus, as independent agents, we will compare prices among many insurance companies to make sure you get the best price on quality insurance protection.

So, call us today at (800) 947-1270 or (610) 775-3848 or connect with us online!

Tags: Restaurant Insurance, Liquor Liability Insurance, Commercial Liability Insurance, Restaurant Liability Insurance

Restaurant Liability Insurance to Protect Your Investment

Posted by David Ross on Tue, Aug 06, 2019

Restaurant-Liability-InsuranceThere is no denying that we live in a litigious society, and restaurants are not immune to lawsuits. In fact, the very nature of the business often makes them more vulnerable to lawsuits. Don’t believe us?

The 1993 case of a woman suing McDonald’s (and winning $2.86 million) after spilling hot coffee on herself is still fresh in many business owners’ minds. But it doesn’t end there. Check out Eater’s article “The Five Pettiest Lawsuits Against Fast-Food Chains” where you’ll read about Starbucks getting sued for putting ice in iced drinks and Subway being sued for 11-inch sandwiches.

That’s not to say there aren’t genuinely legitimate lawsuits. Someone slips and falls on a spill that wasn’t cleaned up, or someone gets food poisoning from food that was improperly prepared at a restaurant.

The bottom line is that every restaurant is at risk of being sued. Which is why restaurant owners must take steps to 1) prevent those lawsuits and 2) protect themselves with the right Restaurant Liability Insurance in the event of a lawsuit.

How to Prevent Lawsuits

You may not be able to prevent every lawsuit – freak accidents do happen – but there is a lot you can do to prevent most of them. Here are six tips:

  1. Train your employees well including safety and customer service
  2. Create a culture of safety
  3. Maintain consistent processes and quality in your food prep
  4. Treat all employees with respect
  5. Hire a good attorney
  6. Insure your business properly

Liability Insurance to Protect Your Restaurant

General Liability Insurance

This type of insurance, required by most landlords and lenders, covers you when a customer is injured at your restaurant, when there is damage to a customer’s property, or if there are advertising issues such as slander, libel, and copyright infringement.

When a customer is injured – such as slipping, falling, and breaking a leg on your property - general liability insurance covers legal fees, medical expenses, and any judgments imposed against your restaurant. It does not protect your employees; that’s where Workers’ Comp Insurance comes in (see below).

When a customer’s property is damaged – such as a server spilling coffee on a customer’s laptop – general liability helps pay for legal fees, replacement costs, and out-of-court settlements.

When you cause an advertising injury, general liability insurance covers copyright infringement and defamation - both libel(written) and slander(spoken).

Liquor Liability

Serving alcohol increases a restaurants liability issues, and most General Liability Insurance Policies do not cover it, so if you sell alcohol at your establishment, you need to have Liquor Liability Insurance. Pennsylvania is one of 43 states with some type of dram shop law.

According to the Pennsylvania Liquor Control Board, “Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third parties (those not having a relationship to the bar) as a result of alcohol-related car crashes and other accidents.”

In other words, if you serve alcohol to someone who then injures someone else or damages someone’s property, you could be held liable. Liquor Liability Insurance helps protect your restaurant from this type of liability.

Product Liability Insurance

Food poisoning is every restaurant owner’s worse nightmare. The fact is that you can train your staff how to handle food safely and have proper processes in place to avoid food contamination, but you can’t control how the food is handled before it arrives at your restaurant. Therefore, food poisoning can still occur, and customers can still sue you for it. Product Liability Insurance helps protect your restaurant from those lawsuits.

Workers’ Compensation Insurance

Workers’ Comp is required for most businesses in Pennsylvania that have employees. It covers medical expenses, lost wages, and disability or death benefits for an employee who is injured on the job. But did you know that WC also covers legal costs if the injured employee sues you over the injury?

When reviewing your insurance needs, make sure your restaurant is protected from all potential risk – including liability.

How to Get the Best Price on Restaurant Liability Insurance

The independent agents at American Insuring Group understand the specific needs of restaurants. We will compare the cost of your coverage with several competing companies to ensure that you get the best price for that coverage. Give us a call at (800) 947-1270 or (610) 775-3848 or connect with us online.

Tags: Restaurant Insurance, Liquor Liability Insurance, Commercial Insurance, Restaurant Liability Insurance

Liquor Liability Insurance: Not just for Restaurants

Posted by David Ross on Sun, Nov 04, 2018

Do You Need Liquor Liability Insurance?It will soon be that time of year when many businesses will offer their employees a chance to celebrate the season with a holiday party. At some of these parties, alcohol will be served, and, as we all know, too much alcohol can make people do crazy things!

But how much is too much alcohol?

The answer to that question is entirely different if you’re talking about a 110-pound woman who hasn’t eaten all day and a 210-pound man who has been eating from the buffet for hours.

Be Careful - You Can Be Held Liable

What happens if one of your employees drinks too much and gets into a car accident on the way home? What if a vendor who stopped by your party drinks too much and breaks a leg falling down your steps? What if one of your managers drinks too much and gets into a physical altercation with a colleague?

The truth is that your business could be held liable or responsible because you served him or her too much alcohol. That means that you might have to pay for damages to your employee’s car and the car he hit, plus any injuries. That means that you may have to pay for your vendor’s medical expenses. And it means you could be sued for any injuries sustained in the altercation. That's where liquor liability insurance comes in, but more about that later.

Dram Shop Laws Also Apply to Private Events

Pennsylvania is one of 43 states that have Dram Shop Laws. That law states that any business or individual that serves alcohol in any form – wine, beer, spirits - to a visibly intoxicated person is legally responsible for bodily injury or property damage arising out of the serving of alcoholic beverages. This law applies to not only businesses like bars and restaurants that are in the business of selling alcohol, but also to businesses that provide alcohol at private events. It can also apply to a business giving alcoholic beverages as gifts to clients, vendors, or employees.

Liquor Liability Insurance 

The good news is that there is a way to protect your business: Liquor Liability Insurance. This insurance won’t keep you from getting sued, but it will help cover the cost of your legal defense and any settlements you may be required to pay if you are sued. 

Host Liquor Liability Insurance

While businesses with a liquor license are required to have Liquor Liability Insurance as part of their restaurant insurance coverage, Host Liquor Liability Insurance protects businesses that don't manufacture, serve, or sell alcohol from liquor-related lawsuits. It helps protect companies that host social events where alcohol is served, and it is often included in your Commercial General Liability policy. 

Host Liquor Liability coverage under your general liability policy may not cover you if you are negligent in any way such as serving alcohol to a minor or violating ordinances and regulations related to the distribution of alcohol.

How to Reduce Liability Exposure

You can also reduce your liability exposure by either not allowing alcohol at business events or if alcohol is allowed, practicing responsible behaviors. Here are a few tips to reduce your liability exposure:

  • Offer non-alcoholic beverages
  • Serve food
  • Consider hosting your party at a venue – like a restaurant or bar – that has a liquor license
  • Hire a professional bartender who can recognize the signs of intoxication
  • Arrange transportation or overnight accommodations for those who shouldn’t drive
  • Stop serving alcohol well before the time the party is scheduled to end
  • DO NOT charge employees for alcoholic beverages because then you are technically in the business of selling alcohol and all the implications that go with it.

 

Get the Right Insurance Protection - Contact Us Today

Buy Liquor Liability InsuranceIf you decide to serve alcohol at your next business function, check your commercial general liability policy to make sure that it provides coverage for liquor liability.

To protect your business from liability, give the experienced agents at American Insuring Group a call at (800) 947-1270 or (610) 775-3848 or contact us online. You'll get great insurance protection at a great price. Contact us today to get started.

Tags: Restaurant Insurance, Liquor Liability Insurance, Business Insurance

Drunk Patrons & Restaurant Insurance: Are You Protected?

Posted by David Ross on Thu, Nov 20, 2014

Will Your Restaurant be Held Liable for Accidents? How Much Can Restaurant Insurance Help?

Restaurant insurance protection for drunk drivers via liquor liability insurance. Serving Philadelphia, Reading, Lancaster, Allentown, Lehigh Valley, York, Harrisburg, Lebanon, Erie, Pittsburgh and beyond with quality business insurance for over 25 years.Let’s say you own a restaurant.  One night, a group of friends enjoy dinner and a few drinks at your restaurant.  They decide to go to a club where they dance and consume more alcohol.  Then, they go to a corner pub to wind down with a few more drinks.  On the way home, one of those friends causes an accident that injures or – God forbid – kills someone in the process.

Who is responsible?  You and your restaurant?  The club?  The pub?  That depends on which state your restaurant is located.  If it’s in Nevada, none of the establishments will be held responsible for injuries caused by intoxicated patrons; all of the responsibility lies with the person directly causing the injury.   However, many other states place the responsibility elsewhere.

Pennsylvania’s Dram Shop Statute

In Pennsylvania, all of the establishments could be held responsible – even your restaurant.  Under Pennsylvania’s Dram Shop Statute, a licensed drinking establishment can be held liable for injuries caused by intoxication if the establishment served alcohol to a visibly intoxicated individual or to a minor.

Not only could you face administrative and criminal fines and penalties, but you could also be sued in civil court for damages that person might cause after leaving your establishment.  You could lose your liquor license. If you serve alcohol to a minor, the establishment's owner, operator, or the server could face a term of imprisonment of three months to one year, a fine of up to $5,000, or both.

Determining whether a server should have realized the extent of a patron's intoxication is fuzzy.   How the alcohol affects a person is what matters, not how many drinks were consumed. 

When is a Driver Considered Legally Drunk in Pennsylvania?

  • Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
  • Drivers of commercial vehicles are legally drunk when their blood alcohol concentration is .04 percent or greater.
  • School bus drivers are legally drunk when their blood alcohol level is .02 or more.
  • Drivers under 21 are legally drunk when their blood alcohol concentration is .02 or more.

How to Protect Yourself, Your Employees, and Your Business

If your establishment serves alcohol, all of your servers and managers should undergo some type of training in alcohol service, such as the National Hospitality Institute’s Techniques of Alcohol Management or Pennsylvania’s Responsible Alcohol Management Training Program (RAMP).

RAMP, created by the Pennsylvania Liquor Control Board, helps licensees – such as restaurants, hotels, clubs, and distributors - and their employees serve alcohol more responsibly.  RAMP certification offers practical advice on detecting fake IDs, using the FEAR method of carding, and identifying a “visibly intoxicated patron.”

But, what if that person was not intoxicated when he or she left your restaurant and is of a legal drinking age?  You could still be held responsible.  If an incident does occur, your best defense is a written policy and documentation that you adhere to that policy.  Review the policy with your employees regularly. 

Liquor Liability Insurance - Important Restaurant Insurance Protection

Liquor liability insurance can be an invaluable form of restaurant insurance protection. It can help protect your restaurant business from highly damaging lawsuits into the millions of dollars resulting from property damage and injury caused by intoxicated customers who purchased alchohol in your establishment.

These policies may differ significantly by insurance provider in terms of costs and coverage details. This is why you should consult the independent insurance professionals at American Insuring Group. We offer policies from competing insurance companies. We'll help you find the right restaurant insurance policy at the right price. 

Contact us to learn more about restaurant insurance and liquor liability insurance. We serve Philadelphia, Harrisburg, Lancaster, York, Lebanon, Lehigh Valley, Allentown, Reading, Erie, Pittsburgh, PA and beyond. Call today.Contact an American insuring Group agent at (800) 947-1270 or (610) 775-3848 to find more ways to protect your business with the right restaurant insurance.

Tags: Restaurant Insurance, Liquor Liability Insurance, Commercial Insurance Allentown PA, Commercial Insurance Lancaster PA, Commercial Insurance Harrisburg PA, Accident Insurance, Commercial Insurance, Commercial Insurance Reading PA, Business Insurance, Commercial Insurance Philadelphia PA, Commercial Insurance York PA, Commercial Insurance Berks County