Kochi Mini Cooper crash: How US-style ‘dram shop’ laws could hold bars liable and prevent tragedies

Kochi: Legal experts have called for legislation in Kerala to make bars and other alcohol providers financially liable for accidents caused by drunk drivers, following the deaths of three people in a car crash in Nedumbassery involving a 19-year-old (Kochi Mini Cooper crash) allegedly driving under the influence.

The proposed laws, modelled on those in the United States, include commercial host liability and social host liability provisions. They could allow victims or their families to seek compensation not only from the driver but also from establishments or individuals who supplied the alcohol.

Kerala currently has no specific law holding those who serve alcohol liable for road accidents caused by intoxicated customers. The issue has gained attention following the fatal crash in Nedumbassery.

What are ‘dram shop’ laws?

Known in some countries as dram shop laws, these provisions seek to hold alcohol providers accountable in certain circumstances when their customers cause harm after drinking.

The term ‘dram’ refers to a small measure of alcohol. Such laws can impose liability on establishments that serve alcohol to visibly intoxicated people or supply it to underage customers.

Under a social host liability framework, individuals who serve alcohol at private parties could also face claims for compensation if an intoxicated guest subsequently causes an accident, subject to the conditions prescribed by law.

Evidence such as witness statements, video footage, bills showing alcohol sales and police medical reports could be considered when determining liability.

How commercial host liability would work

Under the proposed commercial host liability framework, bar operators could have specific responsibilities when serving customers.

Bars would be required to refrain from serving alcohol to people who are already heavily intoxicated. Operators would also have to ensure that customers leaving the premises after drinking do not drive themselves.

If an intoxicated customer caused an accident after leaving a bar, legal proceedings seeking compensation could be initiated against both the driver and the establishment that served the alcohol, subject to the applicable law.

The proposal seeks to extend accountability beyond the person behind the wheel to those who may have contributed to the circumstances leading to an accident.

What does Kerala's existing law say?

Kerala's existing laws prescribe penalties for violations involving the sale and supply of alcohol. However, bars do not currently face criminal liability merely because a customer they served later causes a road accident while driving under the influence.

Section 15B of the Kerala Abkari Act provides for imprisonment of up to two years and a fine of ₹5,000. Under Section 56(b) of the Act, violations of licence conditions can attract imprisonment of up to six months and a fine of ₹25,000.

Section 77 of the Juvenile Justice Act provides for rigorous imprisonment of up to seven years for supplying intoxicating substances to a child below 18. Authorities can also cancel a bar's licence for violations, subject to the applicable legal provisions.

These provisions address offences related to alcohol supply and licensing. They do not, however, establish specific liability for bars for road accidents subsequently caused by customers who have consumed alcohol on their premises.

Drunk-driving accidents in Kerala

The figures provided for drunk-driving accidents in Kerala show variations in the number of reported accidents, injuries and deaths between 2021 and 2025.

In 2025, the State recorded 180 accidents involving drunk driving, leaving 103 people injured and 23 dead. In 2024, there were 149 accidents, 51 injuries and 17 deaths.

The number of accidents rose to 221 in 2023, when 93 people were injured and 25 died. In 2022, Kerala recorded 166 accidents, 81 injuries and 33 deaths. In 2021, the figures stood at 77 accidents, 34 injuries and 16 deaths.

‘Kerala could set an example for the country’

Advocate Ranjith B. Marar, who practises in the Supreme Court and the Kerala High Court, said such legislation was necessary.

He said Kerala could become a model for the rest of the country if it enacted a law holding those who supply alcohol accountable in cases involving drunk-driving accidents.