Gastronomy Law

The civil liability of bars and restaurants for the excessive supply of alcohol to their clients João Almeida Vidal1 I. Introduction. – II. Legal framework. – III. General aspects of civil liability. – IV. Problem analysis. 4.1. Omission and civil liability. 4.2. Causal link. – Conclusions. – Bibliography. This article examines the civil liability of bars and restaurants arising from the excessive provision of alcohol to their clients. Based on the Portuguese and European legal frameworks, as well as comparative international perspectives, particularly from the United States, it seeks to address the central question of whether such establishments should bear liability for harm resulting from abusive alcohol consumption. The analysis further integrates relevant doctrinal and jurisprudential developments, ultimately concluding that the duty to refrain from serving visibly intoxicated clients should be reinforced, in alignment with overarching public health and safety policies. Keywords: civil liability, restaurant, bar, alcohol consumption. I. INTRODUCTION The present article undertakes an examination of the civil liability of bars and restaurants in relation to the excessive provision of alcoholic beverages to their clients. Proceeding from the Portuguese and European legal framework, while also engaging with international perspectives, in particular those derived from AngloSaxon jurisprudence and scholarship, this article seeks to determine whether an establishment that serves alcohol in quantities exceeding reasonable limits ought to incur liability for the harms ensuing from abusive alcohol consumption. The analysis incorporates doctrinal commentary and judicial decisions, with the DOI 10.60559/gl09 1 Invited Professor at Lusófona University (ISMAT) and at the University of Algarve; PhD in Law; PhD in Tourism; Lawyer.

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