I’ve complained to you (all 14 of you) for years about Maryland’s ridiculous refusal to adopt dram shop laws to allow lawsuits against bars and restaurants who knowingly serve drunk people who then go out and hurt of kill someone. A divided Court of Appeals says the Legislature should take the first step. The legislature bows to the National Resturant Association lobbyists because there is no dead kids lobbying group that contributes money to Maryland General Assembly elections (except for MADD which does an awesome job with few resources).
The court did take a baby step in the right direction this month when it issued an opinion in two cases involving underage drinking that creates a path for victims and their families to bring civil lawsuits against adults who serve children alcohol.
This is a big step forward. The Maryland Court of Appeals has previously found that social host liability is a near relative of a Dram Shop liability. So it is not hard to imagine the court extending the reasoning of these cases as a logical move towards dram shop laws. It is also noteworthy that Judge Sally D. Adkins wrote the opinion. Judge Adkins wrote an amazing dissent in the last big dram shop case that came before the court, arguing that the law had to be changed because too many Marylanders were unnecessarily dying because drunk people are being overserved in our bars and our restaurants. It could just be me but I think this is a sign that Judge Adkins’ thinking will soon carry the day.