Social Host Liability on Serving Alcoholic Beverage

Main Article Content

Arachamon Pichetworakoon
Pornpon Thedthong

Abstract

The objective of this research article are to study (1) an overview of the current Thai alcohol control laws and other related laws (2) public perceptions of the civil liability of alcohol sellers (3) guidelines for determining the civil liability of Thai, US and French alcohol business operators and (4) introducing guidelines for issuing legal measures in relation to the civil liability of beverage sellers. Alcohol in Thailand. The researcher used the method of data collection by document research. The questionnaire of 500 people in Phatthalung Province and focus group discussion of 10 key informants were used. The statistics used were percentage, mean, standard deviation, t test, F test. Data were analyzed and compared.


The results of the research showed that although there are laws that apply to operators by imposing penalties for selling alcohol to drunk people who cannot control their consciousness, there is no case where the seller sells alcohol to a person who is intoxicated. In addition, if it is the case that the operator sells alcoholic beverages to intoxicated person and such a person caused damage to others, operator must be liable as a channel for disaster, in case of the act of the operator is the proximity cause of the damage. It should also be strict in the issuance of licenses to sell alcoholic beverages, and there should be additional measures other than the law by having a drunkenness assessment form for operators to check the characteristics of customers before selling alcohol.

Downloads

Download data is not yet available.

Article Details

How to Cite
Pichetworakoon, A., & Thedthong, P. (2021). Social Host Liability on Serving Alcoholic Beverage. Ph.D. In Social Sciences Journal, 11(2), 493-507. Retrieved from https://so05.tci-thaijo.org/index.php/phdssj/article/view/247538
Section
Research Article

References

California Department of Alcoholic Beverage Control. (2020a). Laws and liability. Retrieved from https://www.abc.ca.gov/education/licensee-education/laws-and-liability

California Department of Alcoholic Beverage Control. (2020b). Licensee education. Retrieved from https://www.abc.ca.gov/education/licensee-education

California Department of Alcoholic Beverage Control. (n.d.). Quick summary of selected law for retail licensees. Retrieved from https://www.tracelead.abc.ca.gov/traceleadpublic/documents/ABC-608%20Retail%20Laws%20.pdf

Howard, S. S., & Mooney, M. M. (2008). A refresh on New York dram shop liability. Insurance and Compensation Law Section Journal, 37(1), 17-19.

Krotintakom, S. (2016). Civil liability of alcohol beverage sellers: Legal and economic analysis. Doctoral Dissertation of Philosophy in Integrated Science, Thammasat University. [In Thai]

Krotintakom, S. (2017). Civil liability of alcohol beverage seller on the victim from the customer as drunk driver. Veridian E-Journal, Silpakorn University, 10(2), 1530-1543. [In Thai]

Monteleone, D. (2017). Understanding liability and limitations of dram shop law in Illinois. Retrieved from https://www.yourrockfordlawyers.com/understanding-liability-andlimitations-of-dram-shop-law-in-illinois

Pantuna, V. (2000). The essence of the Criminal Code, Teaching document, Introduction to General principles of law (30th ed.). Sukhothai Thammathirat Open University Press. [In Thai]

Ryskamp, D. A. (2020). Dram shop laws and social host liability for alcohol-related accidents in Illinois. Retrieved from https://www.nolo.com/legal-encyclopedia/dram-shop-lawssocial-host-liability-alcohol-related-accidents-illinois.html

Sucheewa, B. (n.d.). Liability for infringement. Retrieved from http://lawwebservice.com/lawsearch/ArchanBunyat25.pdf [In Thai]

Witvorapong, N., Wattanapongwanich, S., Meetawarn, K., & Ruangdetkhajorn, P. (2016). Alcohol control policies in Thailand: A 5P framework. Octoberprint. [In Thai]