THE IMPOSITION OF VICARIOUS LIABILITY ON ALCOHOL BEVERAGE SELLER FOR TORTS COMMITTED BY PURCHASERS IN DRUNK-DRIVING CASES

Abstract

Road accidents caused by drunk driving in Thailand severe social losses, partly due to the lack of effective control mechanisms over alcohol sellers and obstacles in restoring victims to their original positions (restitutio in integrum). This qualitative research aims to determine the liability of sellers based on the principles of vicarious liability and Corporate Social Responsibility. The study employs a comparative legal analysis of legislation and judicial precedents between Thailand, the United States, and Canada, where Dram Shop Laws are enforced.
The findings reveal that current Thai law lacks statutory provisions to penalize sellers who negligently allow conspicuously intoxicated purchasers to drive. Consequently, to enhance opportunities for victim restoration and reduce drunk-driving accidents, this study proposes the enactment of a new statutory provision establishing the seller's liability under the doctrines of vicarious liability and strict liability. Under this framework, the burden of proof is shifted to the seller, while still permitting an affirmative defense to escape liability if the seller can prove that reasonable care was exercised to prevent the harm.