Holding retailers that sell alcohol liable for damage caused by customers under the influence of alcohol bought on their premises can reduce alcohol-related problems, including deaths on the road, injuries and homicides, says the Community Preventive Services Task Force, an independent body whose members, all volunteer experts working in public health and prevention, are appointed by the US Centers for Disease Control and Prevention (CDC).

In a report to be published in the September 2011 issue of the American Journal of Preventive Medicine, which details the findings of a systematic review of available studies, the Task Force concludes that “commercial host liability”, also known as “dram shop liability” is an effective way to reduce alcohol-related harms. (A “dram” is an old word for a small unit of spirits).

More than 79,000 Americans die every year because of excessive alcohol use, which also contributes to many health and social problems, says the CDC.

44 states and the District of Columbia have had dram shop laws since January 2009. However, these vary from state to state, for instance in the evidence required for liability.

The Task Force says there is evidence that this type of law makes alcoholic drink sellers manage their beverage service more responsibly: keeping tighter control over what they serve to underage and drunken customers. The incentive is that they suffer penalties if their service can be traced to harms and damages done by those customers.

They find that jurisdictions that enforce the laws and hold alcohol retailers liable for damage caused by their intoxicated customers or underage minors have reduced the rate of alcohol-related problems, injuries and deaths.

They found six studies that showed in areas where dram shop liability had increased, there was a 6.4% reduction in motor vehicle deaths.

However, the Task Force said more studies were needed to find out if how effective stronger laws that prohibited establishments selling alcohol to intoxicated customers would be.

Written by Catharine Paddock PhD