Post & Schell, P.C.

Liquor Liability Litigation

Practice Group Chair

Robert J. Balch
610-774-0317
rbalch@postschell.com

Download PDF Share
  • LinkedIn
  • Twitter
  • Facebook
Email print

Overview

Toggle Button Open

Liquor liability, or “Dram Shop,” laws govern the liability of individuals and entities, such as bars, restaurants, fraternal organizations, clubs, and property owners in the sale and service of alcoholic beverages to patrons and customers. These laws determine the liability of these businesses stemming from the service of alcoholic beverages, and specifically, service to visibly intoxicated persons (VIP’s) or minors.

Both Pennsylvania and New Jersey maintain statutes that form the foundation for causes of action against alcohol licensees and/or their owners, managers, and employees. Liquor liability and dram shop cases often involve catastrophic injuries. Whether the damages arise from DUI-related crashes, assaults, or simple fall downs, the service of alcohol can expose businesses, their stakeholders, and employees to significant liability. Alcohol-related accidents and events frequently attract public attention, press coverage, and are often the focus of criminal and/or administrative investigations and proceedings. 

Post & Schell’s Liquor Liability Practice Group handles matters throughout Pennsylvania and New Jersey. We understand the nuances of liquor liability laws and have litigated and tried to verdict liquor liability matters in both states. And, our attorneys are frequently called upon to conduct time-sensitive investigations and analysis prior to litigation. The Group also provides liquor liability and dram shop laws consultation services using insight gleaned from its litigation experience and is well-positioned to counsel licensees on training issues and alcohol service procedures.

Select members of the Group, including Chair Robert J. Balch, are certified by the Pennsylvania Liquor Control Board’s (PLCB) Responsible Alcohol Management Program (RAMP). Our attorneys have presented on trends in liquor liability law to insurers, businesses, and clients.

We represent businesses and individuals facing potential exposure under liquor liability and dram shop laws, including:

  • Bars & Taverns
  • Casinos
  • Catering Companies
  • Fraternal Organizations
  • Hotels, Motels & Resorts
  • Country Clubs
  • Restaurants
  • Sports Facilities & Complexes

Read full overview > Read less >

Related Practices

  • Alternative Dispute Resolution
  • Casualty Litigation
  • Commercial Litigation
  • Higher Education
  • Hospitality and Retail

Representative Matters:

The Group’s representative matters often involve cases with complex issues and catastrophic injuries and damages, with criminally-charged co-defendants. Our attorneys are frequently called upon to handle matters on short notice. Representative matters include: 

  • Successfully tried Dram Shop liability state court action to defense verdict on behalf of country club sued for alleged over-service of patron, who after leaving the premises, struck two individuals, resulting in dual fatalities. Pre-trial settlement demand was in the mid-seven figures and punitive damages were demanded.
  • Representation of restaurant that allegedly overserved patron, who crashed his sports car into a wooded area.  Suit was filed to recover for the loss of the celebrity and his passenger.  This matter had significant publicity when it occurred.  A favorable confidential settlement was reached.
  • Reached favorable settlement in a federal court Dram Shop case in which patron was allegedly over-served and was later involved in an automobile accident, resulting in paralysis from the neck down. In the face of a settlement demand in the eight-figure range, including punitive damages claims against the individual client and server of the patron, favorable settlement was reached.
  • Obtained favorable ruling narrowly construing Pennsylvania’s “Dram Shop” statute as precluding “common law” claims such as improper security, failure to supervise patrons, and failure to prevent intoxicated patron from leaving premises.
  • Obtained favorable settlements and results in both state and federal forums on behalf of numerous other taverns, clubs and “after hours” locations sued for alleged over-service of patrons, improper procedures, assaults, and lack of security.

Attorneys

Toggle Button Open
Robert J. Balch

Robert J. Balch

Principal
Vice-Chair, Casualty Litigation Department

Allentown
Phone: 610-774-0317
Fax: 610-433-3972

rbalch@postschell.com

Brennen A. McCurdy

Brennen A. McCurdy

Associate

Philadelphia
Phone: (215) 587-1465
Fax: (215) 587-1444

bmccurdy@postschell.com

Owen E. Hanna

Owen E. Hanna

Associate
Casualty Litigation

Lancaster
Phone: 717-391-4414
Fax: 717-291-1609

ohanna@postschell.com

Jaiden J. Moore

Jaiden J. Moore

Associate
Casualty Litigation

Philadelphia
Phone: 215-587-1053
Fax: 215-587-1444

jmoore@postschell.com

Emily Amico

Emily Amico

Associate
Casualty Litigation

Philadelphia
Phone: 215-587-1047
Fax: (215) 587-1444

eamico@postschell.com

Mary Lamberti

Mary N. Lamberti

Associate
Casualty Litigation and Professional Liability

Mt. Laurel
Phone: 856-329-9337
Fax: 609-924-4144

mlamberti@postschell.com

Brittany Czerniakowski, ESQ.

Brittany Czerniakowski

Associate
Casualty Litigation

Allentown
Phone: 610-774-0328
Fax: 610-433-3972

bczerniakowski@postschell.com

Victoria Johnson, ESQ

Victoria A. Johnson

Associate
Casualty Litigation

Allentown
Phone: 610-774-0324
Fax: 610-433-3972

vjohnson@postschell.com

Michael Notartomas

Michael J. Notartomas

Principal
Casualty Litigation

Mt. Laurel
Phone: 856-301-2569
Fax: 609-924-4144

mnotartomas@postschell.com

Mike Kosar, Esq

Michael A. Kosar

Principal
Casualty Litigation

Mt. Laurel
Phone: 856-301-2587
Fax: 609-924-4144

mkosar@postschell.com

Ian T. Baxter

Ian T. Baxter

Principal
Casualty Litigation

Allentown
Phone: 610-774-0315
Fax: 484-375-0233

ibaxter@postschell.com

Daniel S. Altschuler

Daniel S. Altschuler

Principal and Chair, Casualty Litigation Department

Philadelphia
Phone: 215-587-1107
Fax: 215-587-1444

daltschuler@postschell.com

Anthony Knapp

Anthony M. Knapp

Principal
Casualty Litigation

Allentown
Phone: 610-774-0335
Fax: 610-433-3972

aknapp@postschell.com

John W. Croumer

John W. Croumer

Principal
Casualty Litigation

Lancaster
Phone: 717-391-4437
Fax: 717-291-1609

jcroumer@postschell.com

Joel Feigenbaum

Joel H. Feigenbaum

Principal
Casualty Litigation

Philadelphia
Phone: 215-587-1138
Fax: 215-587-1444

jfeigenbaum@postschell.com

Kevin T. McGarry

Kevin T. McGarry

Principal
Casualty Litigation

Lancaster
Phone: 717-391-4451
Fax: 717-295-2199

kmcgarry@postschell.com

Charles W. Spitz

Charles W. Spitz

Principal
Co-Chair, Hospitality & Retail Practice Group

Philadelphia
Phone: 215-587-6629
Fax: 215-587-1444

cspitz@postschell.com

Richard B. Wickersham, Jr.

Richard B. Wickersham Jr.

Principal
Chair, Products Liability Practice Group

Philadelphia
Phone: 215-587-6612
Fax: 215-587-1444

rwickersham@postschell.com

Kosta Patsiopoulos

Kosta Patsiopoulos

Associate
Casualty Litigation

Lancaster
Phone: 717-391-4428
Fax: 717-295-2211

kpatsiopoulos@postschell.com

News & Insights

News

Toggle Button Open

Richard B. Wickersham, Jr. Inducted into the American College of Trial Lawyers

Forty-Six Post & Schell Attorneys Named to the 30th Annual Edition of The Best Lawyers in America©
 

Robert J. Balch Named to Lehigh Valley Business' 2023 Power List in Law

Post & Schell Expands its Casualty and Professional Liability Departments with the Addition of Three Principals in New Jersey and Philadelphia Offices

Robert J. Balch Appointed Vice-Chair of Post & Schell's Casualty Litigation Department

Anthony Knapp Named to The Legal Intelligencer's New Young Lawyer Editorial Board

Post & Schell Elects Eight New Principals in the Firm's Casualty, Employment, Energy & Utilities, Insurance, Professional Liability, and White Collar Practices 

William L. Thrall, III Rejoins Post & Schell as a Principal in the Firm's Casualty Litigation Group in Philadelphia

Twenty-Nine Post & Schell Attorneys Selected to the 2019 Pennsylvania Super Lawyers List

Post & Schell Elects Five New Principals in the Firm's Casualty, Professional Liability, and Workers' Compensation Practices

Post & Schell Principal Robert J. Balch Selected for Lehigh Valley Business Magazine's 2017 Forty Under 40 Awards

Post & Schell Elects Attorney Robert J. Balch as Principal

Casualty Principal Bruce Wickersham Appointed as Hurricane Sandy Arbitrator by U.S. District Court of New Jersey

Media & Articles

Toggle Button Open

Kosta Patsiopoulos 
Discusses What Liquor Establishments and Related Entities Can Do to Protect Against Commercial General Liability Policy Exclusion Risks in The Legal Intelligencer's 2025 Cannabis/Liquor Law Special Section

Pat Lamb and Amanda Hammar Examine Trying a Case Before the Social Media Generation for The Legal Intelligencer's 2019 Personal Injury Supplement

Speaking Engagements

Toggle Button Open

Rob Balch and John Croumer Present on Dram Shop/Liquor Liability on Pennsylvania Restaurant & Lodging Association Webinar on Aug. 21

Ian Baxter and Kevin McGarry Present on the Legal Implications of Distracted Driving at IAIP 2018 PA Council Day on Oct. 20

Rob Balch and John Croumer Present on Dram Shop/Liquor Liability to Lancaster Chamber on May 25

Rob Balch and Ian Baxter Serve as Panelists at Verisk Insurance Solution's Claims Summit 2016 on Sept. 28

Rob Balch and Ian Baxter Present on Dram Shop Liability in Pennsylvania on April 12

Workers' Comp. and Casualty Principals Present on Reducing the Cost of Claims in Pennsylvania to Dallas Risk Professionals on June 11

Hospitality Practice Group Co-Chairs Perry and Spitz Present on Catastrophic Liability Claims at the HospitalityLaw Conference on Feb. 11

Casualty Litigation Attorney Rob Balch Presents on Social Media Ethics for Attorneys at PADC Luncheon on May 20

Blogs and Thought Leadership

Toggle Button Open

PA Supreme Court: Blood Alcohol Content of Pedestrian Killed in Accident Admissible

Overview Attorneys

Liquor liability, or “Dram Shop,” laws govern the liability of individuals and entities, such as bars, restaurants, fraternal organizations, clubs, and property owners in the sale and service of alcoholic beverages to patrons and customers. These laws determine the liability of these businesses stemming from the service of alcoholic beverages, and specifically, service to visibly intoxicated persons (VIP’s) or minors.

Both Pennsylvania and New Jersey maintain statutes that form the foundation for causes of action against alcohol licensees and/or their owners, managers, and employees. Liquor liability and dram shop cases often involve catastrophic injuries. Whether the damages arise from DUI-related crashes, assaults, or simple fall downs, the service of alcohol can expose businesses, their stakeholders, and employees to significant liability. Alcohol-related accidents and events frequently attract public attention, press coverage, and are often the focus of criminal and/or administrative investigations and proceedings. 

Post & Schell’s Liquor Liability Practice Group handles matters throughout Pennsylvania and New Jersey. We understand the nuances of liquor liability laws and have litigated and tried to verdict liquor liability matters in both states. And, our attorneys are frequently called upon to conduct time-sensitive investigations and analysis prior to litigation. The Group also provides liquor liability and dram shop laws consultation services using insight gleaned from its litigation experience and is well-positioned to counsel licensees on training issues and alcohol service procedures.

Select members of the Group, including Chair Robert J. Balch, are certified by the Pennsylvania Liquor Control Board’s (PLCB) Responsible Alcohol Management Program (RAMP). Our attorneys have presented on trends in liquor liability law to insurers, businesses, and clients.

We represent businesses and individuals facing potential exposure under liquor liability and dram shop laws, including:

  • Bars & Taverns
  • Casinos
  • Catering Companies
  • Fraternal Organizations
  • Hotels, Motels & Resorts
  • Country Clubs
  • Restaurants
  • Sports Facilities & Complexes

Read full overview > Read less >

Robert J. Balch

Robert J. Balch

Principal
Vice-Chair, Casualty Litigation Department

Allentown
Phone: 610-774-0317
Fax: 610-433-3972

rbalch@postschell.com

Brennen A. McCurdy

Brennen A. McCurdy

Associate

Philadelphia
Phone: (215) 587-1465
Fax: (215) 587-1444

bmccurdy@postschell.com

Owen E. Hanna

Owen E. Hanna

Associate
Casualty Litigation

Lancaster
Phone: 717-391-4414
Fax: 717-291-1609

ohanna@postschell.com

Jaiden J. Moore

Jaiden J. Moore

Associate
Casualty Litigation

Philadelphia
Phone: 215-587-1053
Fax: 215-587-1444

jmoore@postschell.com

Emily Amico

Emily Amico

Associate
Casualty Litigation

Philadelphia
Phone: 215-587-1047
Fax: (215) 587-1444

eamico@postschell.com

Mary Lamberti

Mary N. Lamberti

Associate
Casualty Litigation and Professional Liability

Mt. Laurel
Phone: 856-329-9337
Fax: 609-924-4144

mlamberti@postschell.com

Brittany Czerniakowski, ESQ.

Brittany Czerniakowski

Associate
Casualty Litigation

Allentown
Phone: 610-774-0328
Fax: 610-433-3972

bczerniakowski@postschell.com

Victoria Johnson, ESQ

Victoria A. Johnson

Associate
Casualty Litigation

Allentown
Phone: 610-774-0324
Fax: 610-433-3972

vjohnson@postschell.com

Michael Notartomas

Michael J. Notartomas

Principal
Casualty Litigation

Mt. Laurel
Phone: 856-301-2569
Fax: 609-924-4144

mnotartomas@postschell.com

Mike Kosar, Esq

Michael A. Kosar

Principal
Casualty Litigation

Mt. Laurel
Phone: 856-301-2587
Fax: 609-924-4144

mkosar@postschell.com

Ian T. Baxter

Ian T. Baxter

Principal
Casualty Litigation

Allentown
Phone: 610-774-0315
Fax: 484-375-0233

ibaxter@postschell.com

Daniel S. Altschuler

Daniel S. Altschuler

Principal and Chair, Casualty Litigation Department

Philadelphia
Phone: 215-587-1107
Fax: 215-587-1444

daltschuler@postschell.com

Anthony Knapp

Anthony M. Knapp

Principal
Casualty Litigation

Allentown
Phone: 610-774-0335
Fax: 610-433-3972

aknapp@postschell.com

John W. Croumer

John W. Croumer

Principal
Casualty Litigation

Lancaster
Phone: 717-391-4437
Fax: 717-291-1609

jcroumer@postschell.com

Joel Feigenbaum

Joel H. Feigenbaum

Principal
Casualty Litigation

Philadelphia
Phone: 215-587-1138
Fax: 215-587-1444

jfeigenbaum@postschell.com

Kevin T. McGarry

Kevin T. McGarry

Principal
Casualty Litigation

Lancaster
Phone: 717-391-4451
Fax: 717-295-2199

kmcgarry@postschell.com

Charles W. Spitz

Charles W. Spitz

Principal
Co-Chair, Hospitality & Retail Practice Group

Philadelphia
Phone: 215-587-6629
Fax: 215-587-1444

cspitz@postschell.com

Richard B. Wickersham, Jr.

Richard B. Wickersham Jr.

Principal
Chair, Products Liability Practice Group

Philadelphia
Phone: 215-587-6612
Fax: 215-587-1444

rwickersham@postschell.com

Kosta Patsiopoulos

Kosta Patsiopoulos

Associate
Casualty Litigation

Lancaster
Phone: 717-391-4428
Fax: 717-295-2211

kpatsiopoulos@postschell.com

Related Practices

  • Alternative Dispute Resolution
  • Casualty Litigation
  • Commercial Litigation
  • Higher Education
  • Hospitality and Retail

Representative Matters:

The Group’s representative matters often involve cases with complex issues and catastrophic injuries and damages, with criminally-charged co-defendants. Our attorneys are frequently called upon to handle matters on short notice. Representative matters include: 

  • Successfully tried Dram Shop liability state court action to defense verdict on behalf of country club sued for alleged over-service of patron, who after leaving the premises, struck two individuals, resulting in dual fatalities. Pre-trial settlement demand was in the mid-seven figures and punitive damages were demanded.
  • Representation of restaurant that allegedly overserved patron, who crashed his sports car into a wooded area.  Suit was filed to recover for the loss of the celebrity and his passenger.  This matter had significant publicity when it occurred.  A favorable confidential settlement was reached.
  • Reached favorable settlement in a federal court Dram Shop case in which patron was allegedly over-served and was later involved in an automobile accident, resulting in paralysis from the neck down. In the face of a settlement demand in the eight-figure range, including punitive damages claims against the individual client and server of the patron, favorable settlement was reached.
  • Obtained favorable ruling narrowly construing Pennsylvania’s “Dram Shop” statute as precluding “common law” claims such as improper security, failure to supervise patrons, and failure to prevent intoxicated patron from leaving premises.
  • Obtained favorable settlements and results in both state and federal forums on behalf of numerous other taverns, clubs and “after hours” locations sued for alleged over-service of patrons, improper procedures, assaults, and lack of security.

Insights

News Media & Articles Speaking Engagements Blogs and Thought Leadership

Richard B. Wickersham, Jr. Inducted into the American College of Trial Lawyers

Forty-Six Post & Schell Attorneys Named to the 30th Annual Edition of The Best Lawyers in America©
 

Robert J. Balch Named to Lehigh Valley Business' 2023 Power List in Law

Post & Schell Expands its Casualty and Professional Liability Departments with the Addition of Three Principals in New Jersey and Philadelphia Offices

Robert J. Balch Appointed Vice-Chair of Post & Schell's Casualty Litigation Department

Anthony Knapp Named to The Legal Intelligencer's New Young Lawyer Editorial Board

Post & Schell Elects Eight New Principals in the Firm's Casualty, Employment, Energy & Utilities, Insurance, Professional Liability, and White Collar Practices 

William L. Thrall, III Rejoins Post & Schell as a Principal in the Firm's Casualty Litigation Group in Philadelphia

Twenty-Nine Post & Schell Attorneys Selected to the 2019 Pennsylvania Super Lawyers List

Post & Schell Elects Five New Principals in the Firm's Casualty, Professional Liability, and Workers' Compensation Practices

Post & Schell Principal Robert J. Balch Selected for Lehigh Valley Business Magazine's 2017 Forty Under 40 Awards

Post & Schell Elects Attorney Robert J. Balch as Principal

Casualty Principal Bruce Wickersham Appointed as Hurricane Sandy Arbitrator by U.S. District Court of New Jersey

Kosta Patsiopoulos 
Discusses What Liquor Establishments and Related Entities Can Do to Protect Against Commercial General Liability Policy Exclusion Risks in The Legal Intelligencer's 2025 Cannabis/Liquor Law Special Section

Pat Lamb and Amanda Hammar Examine Trying a Case Before the Social Media Generation for The Legal Intelligencer's 2019 Personal Injury Supplement

Rob Balch and John Croumer Present on Dram Shop/Liquor Liability on Pennsylvania Restaurant & Lodging Association Webinar on Aug. 21

Ian Baxter and Kevin McGarry Present on the Legal Implications of Distracted Driving at IAIP 2018 PA Council Day on Oct. 20

Rob Balch and John Croumer Present on Dram Shop/Liquor Liability to Lancaster Chamber on May 25

Rob Balch and Ian Baxter Serve as Panelists at Verisk Insurance Solution's Claims Summit 2016 on Sept. 28

Rob Balch and Ian Baxter Present on Dram Shop Liability in Pennsylvania on April 12

Workers' Comp. and Casualty Principals Present on Reducing the Cost of Claims in Pennsylvania to Dallas Risk Professionals on June 11

Hospitality Practice Group Co-Chairs Perry and Spitz Present on Catastrophic Liability Claims at the HospitalityLaw Conference on Feb. 11

Casualty Litigation Attorney Rob Balch Presents on Social Media Ethics for Attorneys at PADC Luncheon on May 20

PA Supreme Court: Blood Alcohol Content of Pedestrian Killed in Accident Admissible

 

© 2025 Post & Schell, P.C.. All Rights Reserved.