Rising liquor liability rates are hurting businesses. What are the solutions?
In 2017, a state law (Section 61-2-145) was passed that required establishments serving alcohol past
"We'll serve upwards of 45 to 50,000 beers in a year," he explained. "We can spread that raise of say
Many smaller establishments are in a different situation, including
Recently, Post 3433 and Post 3137 had to shut down, and they point to the 2017 liquor liability law as the reason.
"We're working on rates right now because of the new law in effect on liquor liability," he said. "So we're scrambling as we are a nonprofit -- as it is we have a hard time making it."
"We did not see the rates go up immediately after that passage for one," he said. "There's a major sort of issue with insurance rates going up -- so before we want to tie it to one specific thing that was good for victims and good for the state, we got to be careful not to undo something that was positive over what may be sort of a false connection."
Another obstacle potentially contributing to the skyrocketing rates is it is now harder to find carriers in the state offering the coverage. Data from the
"That's why the premiums are so high because they're running a business knowing that probability of them getting pulled into a lawsuit and having to pay out is pretty high," said
One option that has been offered as a solution to lower rates on the state level is changing the Joint and Several Liability laws. A proposed bill, S.533, aimed to make it so financial damages in a personal injury or wrongful death lawsuit only equaled that person's share of fault. As the current law stands, if the case involved an alcohol-related incident, parties could be found fully financially responsible despite their percentage of fault.
Some believe this opens the door for someone who is 1% at fault having to pay 100% of the damages. But Burritt said there are misconceptions about the current law, and changing it could negatively impact how victims are compensated.
"It doesn't really work that way in real life -- that anyone at a super low percentage is having these huge payouts they have to cover. You have to be proven to be willful and reckless in your alcohol sales to ever have to be involved in one of those sorts of big payouts," he explained. "There are other ways we could lower insurance rates, other than changing joint and several liability. But we have to stand in front of that idea and say 'absolutely not,' because it's unfair to victims."
S. 533 (
"We wish the majority of the conversation would be focused on why we simply have so many of these tragedies occurring on our roads," Burritt said.
As an example, he points to H. 5066 which would allow businesses to lower their required coverage amounts by taking steps like requiring alcohol server training to make their establishments safer.
"Because those were well thought out practices we may potentially agree and say that may make sense," Burritt said.
The bill passed the House and ultimately stalled in the
Hebel is hopeful changes can be made soon before more businesses are forced to close. He also points out that some personal interests may need to be set aside for real solutions to be implemented.
"This is strictly a legislation problem -- so I think that is the main point here," he said. "If we don't get any change there, then we're going to see more and more places go out of business."
In the meantime, business owners like Miller encourage customers across the state to reach out to their lawmakers to make their voices heard too.
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