How Liquor Liability Laws Affect Indiana Wineries, Breweries and Distilleries

liquor liability laws

What you’ll learn reading this article:

  • In just six years’ time, the number of breweries in the United States increased by almost 5,000. 
  • Indiana is home to over 100 wineries, about 25 distilleries and at least 83 breweries throughout the state, many in close proximity to one another, which encourages “brewery-hopping” and tasting events that can complicate liability claims in the case of an accident. 
  • Breweries, wineries and distilleries can further complicate issues of liability depending on their primary form and function, such as whether they manufacture liquor, serve it or do both. 

Three of the most up-and-coming businesses in America are winemaking, beer making and the distilled spirits industry, with craft beer alone bringing in a retail value of $27.6 billion in 2018. Popular throughout the United States, the number of wineries, breweries and craft distilleries can be difficult to keep track of, as almost every day it seems a new brand is on the market.

For instance, in 2012, 2,475 breweries were operating in the United States. By 2018, this number rises to 7,450. That’s an increase of almost 5,000 breweries in just six years. What’s more, the United States is considered the most diverse beer market in the world by industry insiders, offering more styles of beer and more brands of brew than any other region.

Indiana’s Burgeoning Alcohol Industry

As of December 2019, at least 83 distinct breweries are listed on the Brewers’ Guild of Indiana’s state database. The Guild also advertises five “official” annual beer festivals. In Indianapolis, VisitIndy recommends 45 different breweries for visitors and residents of the city, some with multiple locations. Anyone familiar with Indianapolis over the years can attest to the fact that many an empty street corner has become a thriving city block or revitalized neighborhood hangout due to the presence of new breweries.

Indiana is also home to over 100 wineries. While many are located in rural areas with room to grow and harvest their crop, 13 of Indiana’s wineries are within the metropolitan area of Indianapolis, Zionsville, Carmel, Fishers and Westfield.

Additionally, about 25 distilleries are now operating in Indiana with seven serving artisan spirits. This number is sure to grow – before 2013, there were only five.

What Makes Wineries and Breweries Different from Other Alcohol-Serving Establishments?

Because the niche industries of winemaking, brewing and distilled spirits have grown exponentially in the last decade and can differ so much in their functions such as serving alcohol like a bar or restaurant, owners need to be aware of liquor liability laws. In Indiana, that means understanding that you may be liable for damages done by an intoxicated person, if you knowingly serve them while they are intoxicated and if the damages done can be reasonably attributed to the intoxication.

With wineries, breweries and distilleries, however, tracing liability can be a bit tricky due to the unique opportunities they present to the public. For instance, wineries, breweries and distilleries often feature tastings on the premises that allow patrons to sample the product before purchasing -and ultimately leaving the business with it. 

These establishments are often seen as great places for social gatherings and range in size and style. They may be primarily production facilities or include restaurants that serve their own products. Some may encourage consumption of their product on the premises, with the ability to purchase more for home, while others simply outsource their products to restaurants, bars and grocery stores without providing the atmosphere or ability to imbibe onsite – or have tasting rooms that are located somewhere else. 

Depending on the type of business, these establishments can be the trickiest for liability (and liability insurance) as they may have both manufacturing and restaurant codes to adhere to. In addition, those who plan brewery-hopping or winetasting events where people visit multiple venues over a short period of time like an afternoon, can make it more difficult for servers to trace the point of a person’s intoxication in the aftermath of an accident. 

This is why it is especially important if you are injured by a drunk driver to contact an Indianapolis personal injury attorney who can fight for your rights and explore all possible avenues for compensation for your injuries. 

Poynter & Bucheri Accident Recovery – Indianapolis Personal Injury Attorneys

If you or a loved one has been injured physically or mentally by a person, product or company, you need to know your legal rights. Our personal injury attorneys are experienced with cases like yours and can evaluate what your case may be worth. We will ensure that you are protected and compensated for your injuries and losses. Don’t hesitate – one of our experienced attorneys can assist you right away. Call 1-800-265-9881 for a free case review.